Di Girolamo v Rippon [2012] NSWSC 1182

Di Girolamo v Rippon [2012] NSWSC 1182

As there were no contested proceedings and the defendants did not consent to the sale prior to proceedings, the defendants acted unreasonably; accordingly, the appropriate order is for the defendants to pay the plaintiffs' costs except for the appearance on 17 August 2012, with leave for costs to be assessed forthwith.

Parties
Plaintiff: Nicholas Anthony Di Girolamo; Plaintiff: Jodie Lee Di Girolamo; Defendant: John Thomas Rippon; Defendant: Sheenah Maree Rippon
Jurisdiction
Australia
Judgment Date
15 October 2012
Procedural Posture
Costs Application / Post Consent Orders, Costs Determination
Outcome
Defendants to pay the plaintiffs' costs of proceedings except for the appearance on 17 August 2012; leave to assess costs forthwith.
Legal Topics
Costs, Trustees for Sale, Co Ownership, Section 66 G Proceedings
Equity Property Law Costs Trustees for Sale Co Ownership Section 66 G Proceedings

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Parties

Nicholas Anthony Di Girolamo

Plaintiff

Jodie Lee Di Girolamo

Plaintiff

John Thomas Rippon

Defendant

Sheenah Maree Rippon

Defendant

Procedural Posture

Costs Application / Post Consent Orders, Costs Determination

Legal Issues

  1. 1 Whether defendants should pay plaintiffs’ costs in s 66G application where no defence was articulated and consent orders were made.

Ratio Decidendi

As there were no contested proceedings and the defendants did not consent to the sale prior to proceedings, the defendants acted unreasonably; accordingly, the appropriate order is for the defendants to pay the plaintiffs' costs except for the appearance on 17 August 2012, with leave for costs to be assessed forthwith.

Court Disposition

Defendants to pay the plaintiffs' costs of proceedings except for the appearance on 17 August 2012; leave to assess costs forthwith.

Orders

  • The defendant pay the plaintiffs' costs of the proceedings except for the appearance on 17 August 2012.
  • Leave is given to assess the costs forthwith.