Avery v Saree Holdings Ltd; Lava Ltd v Avery (No. 4) [2014] NSWSC 1037

Avery v Saree Holdings Ltd; Lava Ltd v Avery (No. 4) [2014] NSWSC 1037

Plaintiff to pay defendant's costs of the Saree proceedings on the ordinary basis, except on the issues of overpayment and benefit of Saree mortgage, where defendant to pay plaintiff's costs; Saree not entitled to indemnity costs under the mortgage at this stage.

Parties
Plaintiff: Leanne Maree Avery; Defendant: Saree Holdings Limited
Jurisdiction
Australia
Judgment Date
31 July 2014
Procedural Posture
Equity Proceedings (costs Application) / Final Judgment on Costs
Outcome
Orders for costs made; proceedings otherwise dismissed.
Legal Topics
Costs, Indemnity Costs, Final Orders, Partially Successful Plaintiff
Equity Civil Procedure Costs Indemnity Costs Final Orders Partially Successful Plaintiff

Case Brief

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Parties

Leanne Maree Avery

Plaintiff

Saree Holdings Limited

Defendant

Procedural Posture

Equity Proceedings (costs Application) / Final Judgment on Costs

Legal Issues

  1. 1 Whether a final order for costs should be made in the Saree proceedings
  2. 2 Whether the plaintiff should pay the defendant's costs on the ordinary basis
  3. 3 Whether Saree should pay the plaintiff's costs on specific issues where the plaintiff was successful

Ratio Decidendi

Plaintiff to pay defendant's costs of the Saree proceedings on the ordinary basis, except on the issues of overpayment and benefit of Saree mortgage, where defendant to pay plaintiff's costs; Saree not entitled to indemnity costs under the mortgage at this stage.

Court Disposition

Orders for costs made; proceedings otherwise dismissed.

Orders

  • Order that Ms Avery pays Saree's costs of the Saree proceedings on the ordinary basis, subject to order 2.
  • Order that Saree pays Ms Avery's costs incurred with respect to both the overpayment issue and the issue of the benefit of the Saree mortgage.