Finlay v Cox [2023] NSWSC 400

Finlay v Cox [2023] NSWSC 400

The plaintiff acted reasonably throughout the litigation, including when commencing proceedings and pursuing relief and the first defendant, Ms Cox, was unresponsive and changed position during attempts to rectify conveyancing mistakes. Therefore, applying conventional principle, each party should bear their own costs.

Jurisdiction
Australia
Judgment Date
26 April 2023
Procedural Posture
Equity Proceedings / Costs Ruling After Partial Discontinuance
Outcome
The proceedings are dismissed as between the plaintiff and the first defendant; each will bear their own costs.
Legal Topics
['costs' 'conveyancing' 'tenancy in Common' 'joint Tenancy' 'power of Attorney']
['equity' 'civil Procedure'] ['costs' 'conveyancing' 'tenancy in Common' 'joint Tenancy' 'power of Attorney']

Case Brief

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Procedural Posture

Equity Proceedings / Costs Ruling After Partial Discontinuance

Legal Issues

  1. 1 ['What costs order should be made when the plaintiff discontinues proceedings against one defendant?' 'Have both plaintiff and first defendant acted reasonably in commencing and defending the proceedings?' 'Was one party almost certain to succeed if the matter had been fully tried?']

Ratio Decidendi

The plaintiff acted reasonably throughout the litigation, including when commencing proceedings and pursuing relief and the first defendant, Ms Cox, was unresponsive and changed position during attempts to rectify conveyancing mistakes. Therefore, applying conventional principle, each party should bear their own costs.

Court Disposition

The proceedings are dismissed as between the plaintiff and the first defendant; each will bear their own costs.

Orders

  • ['Order that these proceedings are dismissed as between the plaintiff and the first defendant.' 'Make no order as to costs as between the plaintiff and the first defendant to the intent that the plaintiff and the first defendant will each bear their own costs of these proceedings.']