Tamer v Official Trustee in Bankruptcy [2016] NSWSC 1033

Tamer v Official Trustee in Bankruptcy [2016] NSWSC 1033

The Court found the defendant did not establish any discretionary factor to depart from the general rule and ordered that the plaintiffs have their costs of the proceedings against the defendant on an ordinary basis.

Parties
First Plaintiff: Ali Tamer; Second Plaintiff: Susan Tamer; Defendant: Official Trustee in Bankruptcy
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Civil / Post Judgment, Costs Decision
Outcome
Plaintiffs awarded costs of the proceedings against the defendant on an ordinary basis.
Legal Topics
Constructive Trusts, Common Intention, Costs Orders
Trusts Bankruptcy Costs Constructive Trusts Common Intention Costs Orders

Case Brief

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Parties

Ali Tamer

First Plaintiff

Susan Tamer

Second Plaintiff

Official Trustee in Bankruptcy

Defendant

Procedural Posture

Civil / Post Judgment, Costs Decision

Legal Issues

  1. 1 Whether a constructive trust existed
  2. 2 Whether there was a common intention to create a trust
  3. 3 Whether plaintiffs should have their costs of the proceedings

Ratio Decidendi

The Court found the defendant did not establish any discretionary factor to depart from the general rule and ordered that the plaintiffs have their costs of the proceedings against the defendant on an ordinary basis.

Court Disposition

Plaintiffs awarded costs of the proceedings against the defendant on an ordinary basis.

Orders

  • Plaintiffs to have their costs of the proceedings against the defendant on the ordinary basis.