Lay v Pech (No 3) [2019] NSWSC 91

Lay v Pech (No 3) [2019] NSWSC 91

The defendant’s opposition was unmeritorious and not seriously arguable. There is no good reason to depart from the general rule that costs follow the event; therefore, the defendant is to pay the plaintiffs' costs and orders are made for the sale and disbursement of proceeds from the property.

Jurisdiction
Australia
Judgment Date
14 February 2019
Procedural Posture
Equity / Final Judgment and Orders on Costs and Sale of Property
Outcome
Orders for sale of property, payment to second plaintiff, and costs; defendant to comply with execution of documents relating to sale and mortgage discharge.
Legal Topics
['trusts' 'costs' 'sale of Property' 'enforcement of Judgments']
['equity'] ['trusts' 'costs' 'sale of Property' 'enforcement of Judgments']

Case Brief

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Procedural Posture

Equity / Final Judgment and Orders on Costs and Sale of Property

Legal Issues

  1. 1 ['Whether the defendant holds the property on trust for the plaintiffs' 'Whether to order the defendant to pay the plaintiffs’ costs']

Ratio Decidendi

The defendant’s opposition was unmeritorious and not seriously arguable. There is no good reason to depart from the general rule that costs follow the event; therefore, the defendant is to pay the plaintiffs' costs and orders are made for the sale and disbursement of proceeds from the property.

Court Disposition

Orders for sale of property, payment to second plaintiff, and costs; defendant to comply with execution of documents relating to sale and mortgage discharge.

Orders

  • ["The parties are to do all things and sign all documents necessary to cause the property at XX XXXXX St, Cabramatta, NSW 2166 to be sold by public auction at the earliest possible date, with proceeds disbursed in a prescribed order (agent's costs and legal expenses, discharge of mortgage, balance to second...