Perpetual Trustees Victoria Limited v Suncorp-Metway Limited [2010] NSWLEC 12

Perpetual Trustees Victoria Limited v Suncorp-Metway Limited [2010] NSWLEC 12

Although the applicant obtained some of the orders sought, it did not achieve complete success and both parties had the opportunity to resolve the matter through settlement. Considering the value of the property and the conduct of the parties, the court exercised its discretion not to award costs to the applicant, but instead ordered the applicant to pay the first respondent's costs, including costs of the motion, without an indemnity basis.

Jurisdiction
Australia
Judgment Date
02 February 2010
Procedural Posture
Application Under Encroachment of Buildings Act 1922 / Post Judgment, Determination of Costs
Outcome
Applicant to pay the first respondent's costs of the proceedings, including the first respondent's notice of motion, as agreed or assessed.
Legal Topics
['costs' 'encroachment' 'offers of Settlement' 'mortgagees in Possession']
['civil Procedure' 'property Law'] ['costs' 'encroachment' 'offers of Settlement' 'mortgagees in Possession']

Case Brief

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Procedural Posture

Application Under Encroachment of Buildings Act 1922 / Post Judgment, Determination of Costs

Legal Issues

  1. 1 ['Whether the applicant was successful in its application under the Encroachment of Buildings Act 1922 for the purposes of awarding costs' 'Whether offers of settlement are relevant to costs' 'Whether indemnity costs should be awarded']

Ratio Decidendi

Although the applicant obtained some of the orders sought, it did not achieve complete success and both parties had the opportunity to resolve the matter through settlement. Considering the value of the property and the conduct of the parties, the court exercised its discretion not to award costs to the applicant, but instead ordered the applicant to pay the first respondent's costs, including costs of the motion, without an indemnity basis.

Court Disposition

Applicant to pay the first respondent's costs of the proceedings, including the first respondent's notice of motion, as agreed or assessed.

Orders

  • ["The Applicant to pay the First Respondent's costs of the proceedings, including the First Respondent's Notice of Motion as agreed or assessed."]