Pogorzelska v Bechara (No.2) [2015] NSWSC 93

Pogorzelska v Bechara (No.2) [2015] NSWSC 93

The first defendant opposed relief sought by the plaintiff, who succeeded in obtaining interlocutory relief; ordinary consequences should follow, i.e., the first defendant pays the plaintiff's costs. Westpac, while on notice of the competing claim, did not take reasonable steps under r 39.41 but was not solely responsible; thus, no costs order between plaintiff and Westpac. No order as to costs on the application for joinder.

Parties
Plaintiff: Nina Pogorzelska; First Defendant: Maria Bechara; Second Defendant: Westpac Banking Corporation Limited
Jurisdiction
Australia
Judgment Date
17 February 2015
Procedural Posture
Costs / Application for Costs Following Interlocutory Relief Decision
Outcome
Order as to costs
Legal Topics
Costs, Interlocutory Relief, Trust Accounts, Garnishee Orders
Equity Costs Interlocutory Relief Trust Accounts Garnishee Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Nina Pogorzelska

Plaintiff

Maria Bechara

First Defendant

Westpac Banking Corporation Limited

Second Defendant

Procedural Posture

Costs / Application for Costs Following Interlocutory Relief Decision

Legal Issues

  1. 1 Whether the general rule that costs follow the event should apply against the first defendant
  2. 2 Whether the conduct of Westpac warranted departure from the general rule as to costs
  3. 3 Entitlement to costs for notice of motion to be joined

Ratio Decidendi

The first defendant opposed relief sought by the plaintiff, who succeeded in obtaining interlocutory relief; ordinary consequences should follow, i.e., the first defendant pays the plaintiff's costs. Westpac, while on notice of the competing claim, did not take reasonable steps under r 39.41 but was not solely responsible; thus, no costs order between plaintiff and Westpac. No order as to costs on the application for joinder.

Court Disposition

Order as to costs

Orders

  • Order the first defendant (Maria Bechara) to pay the plaintiff's (Nina Pogorzelska) costs of the application for interlocutory relief.
  • No order as to costs as between the plaintiff and the second defendant (Westpac Banking Corporation Limited).