Stibbard-Leaver v Leaver [2021] NSWSC 65

Stibbard-Leaver v Leaver [2021] NSWSC 65

The Court was not satisfied that the first defendant engaged in unreasonable conduct warranting a special costs order. The usual practice under s 66G is to have costs paid out of the proceeds of sale, and no justification was found for departing from that rule in this case.

Jurisdiction
Australia
Judgment Date
09 February 2021
Procedural Posture
Proceedings for Appointment of Trustees for Sale of Co Owned Property / Costs Determination Following Orders Made Without Hearing on Merits
Outcome
Costs of each party to be paid out of the proceeds of sale before distribution of balance to the parties
Legal Topics
['costs' 'co Ownership' 'trustee for Sale' 'conveyancing Act S 66 G']
['equity' 'property Law'] ['costs' 'co Ownership' 'trustee for Sale' 'conveyancing Act S 66 G']

Case Brief

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Procedural Posture

Proceedings for Appointment of Trustees for Sale of Co Owned Property / Costs Determination Following Orders Made Without Hearing on Merits

Legal Issues

  1. 1 ['Whether one party acted unreasonably in failing to agree to sell property and in failing to accept an offer that would involve a sale of the property' 'Whether unreasonable conduct resulted in incurring unnecessary costs' 'Appropriate manner of allocating costs in s 66G applications']

Ratio Decidendi

The Court was not satisfied that the first defendant engaged in unreasonable conduct warranting a special costs order. The usual practice under s 66G is to have costs paid out of the proceeds of sale, and no justification was found for departing from that rule in this case.

Court Disposition

Costs of each party to be paid out of the proceeds of sale before distribution of balance to the parties

Orders

  • ['The costs of the proceedings of each party be paid out of the proceeds of sale before the distribution of the balance of the proceeds to the parties.']