OTR 323 Pty Ltd v Geoff Boyd Properties Pty Ltd [2022] NSWSC 572

OTR 323 Pty Ltd v Geoff Boyd Properties Pty Ltd [2022] NSWSC 572

As the proceedings were resolved by consent shortly after commencement, without a hearing on the merits, and both parties acted reasonably throughout, the proper exercise of discretion is to make no order as to costs so that each party bears its own costs.

Jurisdiction
Australia
Judgment Date
12 May 2022
Procedural Posture
Proceedings Commenced by Summons / Determination of Costs After Early Resolution Without Hearing on the Merits
Outcome
No order as to costs; each party bear its own costs of the proceedings.
Legal Topics
['costs' 'caveats' 'interim and Final Relief' 'call Option Period' 'orders by Consent']
['equity'] ['costs' 'caveats' 'interim and Final Relief' 'call Option Period' 'orders by Consent']

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Procedural Posture

Proceedings Commenced by Summons / Determination of Costs After Early Resolution Without Hearing on the Merits

Legal Issues

  1. 1 ['Whether plaintiff should be regarded as the successful party for the purposes of costs when proceedings settled without hearing on the merits' 'Appropriate costs order where proceedings are resolved promptly by consent after service of a lapsing notice in respect of a caveat']

Ratio Decidendi

As the proceedings were resolved by consent shortly after commencement, without a hearing on the merits, and both parties acted reasonably throughout, the proper exercise of discretion is to make no order as to costs so that each party bears its own costs.

Court Disposition

No order as to costs; each party bear its own costs of the proceedings.

Orders

  • ['No order as to costs, to the intent that each party bear its own costs of the proceedings.']