Goldstein v Shyzi Pty Ltd (No 2) [2017] NSWSC 543

Goldstein v Shyzi Pty Ltd (No 2) [2017] NSWSC 543

The plaintiff prevailed on the central issue that he was a secured creditor entitled to enforce his security against the property, and the matters relied on by the first defendant did not justify departing from the general rule that costs follow the event. The costs of the proceedings were incurred in connection with the exercise of the mortgagee's powers on default within cl 21 of the mortgage, which required payment on a full indemnity basis, and there was no reason to exercise the Court's costs discretion inconsistently with that provision.

Jurisdiction
Australia
Judgment Date
04 May 2017
Procedural Posture
Costs / Determination on the Papers of Costs Following Judgment
Outcome
The first defendant was ordered to pay the plaintiff's costs of the proceedings to date on an indemnity basis.
Legal Topics
['indemnity Costs' 'costs Follow the Event' 'contractual Costs Clause' 'mortgage Enforcement']
['civil Procedure' 'costs' 'equity' 'mortgage Law'] ['indemnity Costs' 'costs Follow the Event' 'contractual Costs Clause' 'mortgage Enforcement']

Case Brief

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Procedural Posture

Costs / Determination on the Papers of Costs Following Judgment

Legal Issues

  1. 1 ['Whether the plaintiff should be regarded as the successful party for the purposes of costs.' 'Whether the factors identified by the first defendant warranted a departure from the general rule that costs follow the event.' "Whether cl 21 of the mortgage justified ordering the first defendant to pay the plaintiff's costs on an indemnity basis."]

Ratio Decidendi

The plaintiff prevailed on the central issue that he was a secured creditor entitled to enforce his security against the property, and the matters relied on by the first defendant did not justify departing from the general rule that costs follow the event. The costs of the proceedings were incurred in connection with the exercise of the mortgagee's powers on default within cl 21 of the mortgage, which required payment on a full indemnity basis, and there was no reason to exercise the Court's costs discretion inconsistently with that provision.

Court Disposition

The first defendant was ordered to pay the plaintiff's costs of the proceedings to date on an indemnity basis.

Orders

  • ["The first defendant pay the plaintiff's costs of the proceedings to date on an indemnity basis."]