New Galaxy Investments Pty Ltd v Thomson & Ors (No 2) [2017] NSWCA 235

New Galaxy Investments Pty Ltd v Thomson & Ors (No 2) [2017] NSWCA 235

NGI was partially successful in appeal; costs orders at first instance underpinned by findings of lodging caveats without reasonable cause were set aside. Court re-exercised discretion, ordering NGI to pay 50 per cent of Vendors' costs and Vendors to pay 50 per cent of NGI's costs on appeal, with further specific orders tailored to the success/failure of parties on distinct issues and cross-claims.

Jurisdiction
Australia
Judgment Date
15 September 2017
Procedural Posture
Appeal / Post Appeal, Costs Determination
Outcome
Costs orders apportioned according to partial success on appeal; NGI and other parties ordered to pay or share costs as detailed.
Legal Topics
['costs' 'appeals' 'caveats' 'indemnity Costs' 'compensation']
['civil Procedure' 'property Law'] ['costs' 'appeals' 'caveats' 'indemnity Costs' 'compensation']

Case Brief

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Procedural Posture

Appeal / Post Appeal, Costs Determination

Legal Issues

  1. 1 ['Appropriate allocation of costs following partial success on appeal' 'Entitlement to compensation under s 74P of the Real Property Act 1900 (NSW)' 'Entitlement to damages under s 236 of the Australian Consumer Law' 'Status of caveatable interest' 'Appropriate costs orders involving multiple parties']

Ratio Decidendi

NGI was partially successful in appeal; costs orders at first instance underpinned by findings of lodging caveats without reasonable cause were set aside. Court re-exercised discretion, ordering NGI to pay 50 per cent of Vendors' costs and Vendors to pay 50 per cent of NGI's costs on appeal, with further specific orders tailored to the success/failure of parties on distinct issues and cross-claims.

Court Disposition

Costs orders apportioned according to partial success on appeal; NGI and other parties ordered to pay or share costs as detailed.

Orders

  • ["NGI pay 50 per cent of the costs of the first to tenth respondents (Vendors) of Supreme Court proceedings No 2014/228930, including Vendors' costs of NGI's cross-claim against them, up to 21 August 2015 on the ordinary basis." "The Vendors pay 50 per cent of NGI's costs of the appeal, insofar as those costs...