Despot v Registrar General of NSW (No 3) [2016] NSWSC 1142

Despot v Registrar General of NSW (No 3) [2016] NSWSC 1142

The costs of the motions at first instance had been expressly reserved and were not determined by the Court of Appeal, so the Supreme Court could determine them. The plaintiff failed on the specific performance motions and was not partially successful by reason of later payment of the judgment debt, while Stelli and Mrs Azzi accepted liability for the set-off motion costs. Westpac, Stelli and Mrs Azzi were liable for strata levy motion costs because the strata levy orders were not complied with, Westpac benefited from the non-compliance, and earlier investigation and repayment could have avoided the motions.

Jurisdiction
Australia
Judgment Date
18 August 2016
Procedural Posture
Costs / Determination of Costs of Five Notices of Motion and Final Disposition of Two Motions After Dismissal of an Appeal
Outcome
Orders made as to costs, outstanding strata levies, and dismissal of the transfer motion.
Legal Topics
['costs After Appeal' 'notices of Motion' 'specific Performance' 'set Off' 'strata Levies' 'transfer of Local Court Proceedings']
['civil Procedure' 'costs' 'property Law' 'strata Law'] ['costs After Appeal' 'notices of Motion' 'specific Performance' 'set Off' 'strata Levies' 'transfer of Local Court Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs / Determination of Costs of Five Notices of Motion and Final Disposition of Two Motions After Dismissal of an Appeal

Legal Issues

  1. 1 ['Whether the Supreme Court at first instance had power to determine costs of notices of motion after an appeal had been dismissed' 'Whether the plaintiff should pay the costs of the motions concerning specific performance and the interlocutory injunction' "Whether the third and seventh defendants should pay the plaintiff's costs of the set-off motion" "Whether the third, fourth and seventh defendants should pay outstanding strata levies and the plaintiff's costs of the strata levy motions" 'Whether Local Court Proceedings No 2012/218104 should be transferred to the Supreme Court']

Ratio Decidendi

The costs of the motions at first instance had been expressly reserved and were not determined by the Court of Appeal, so the Supreme Court could determine them. The plaintiff failed on the specific performance motions and was not partially successful by reason of later payment of the judgment debt, while Stelli and Mrs Azzi accepted liability for the set-off motion costs. Westpac, Stelli and Mrs Azzi were liable for strata levy motion costs because the strata levy orders were not complied with, Westpac benefited from the non-compliance, and earlier investigation and repayment could have avoided the motions.

Court Disposition

Orders made as to costs, outstanding strata levies, and dismissal of the transfer motion.

Orders

  • ["The plaintiff pay the third, fourth and seventh defendants' costs of and incidental to the notice of motion filed on 6 May 2014 by the plaintiff;" "The third and seventh defendants pay the plaintiff's costs of and incidental to the notice of motion filed on 30 June 2014 by the third and seventh defendants;" "The...