Perera & anor v Gorczynski [2001] NSWSC 903

The plaintiffs were justified in bringing proceedings to enforce their right of carriageway and, having obtained substantially the relief sought as a result, are entitled to their costs up to and including 19 April 2000. The registrar correctly awarded costs to the plaintiffs, and that order is confirmed.

Parties: Plaintiff: Ravini Neluka Perera; Plaintiff: Rebecca Patricia Dee; Defendant: Peter Gorczynski
Jurisdiction: Australia
Judgment Date: 14 August 2001
Procedural Posture: Equity Proceedings (summons) / Review of Costs Order After Substantive Proceedings Resolved by Consent
Outcome: Registrar’s order confirmed; defendant to pay plaintiffs’ costs of the notice of motion filed 4 December 2000.
Legal Topics: Right of Carriageway, Costs, Injunctions

Property Law Equity Right of Carriageway Costs Injunctions

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 2 Authorities cited 4 Party arguments 2

Parties

Ravini Neluka Perera

Plaintiff

Rebecca Patricia Dee

Plaintiff

Peter Gorczynski

Defendant

Procedural Posture

Equity Proceedings (summons) / Review of Costs Order After Substantive Proceedings Resolved by Consent

Legal Issues

1 Whether plaintiffs are entitled to costs where proceedings have been resolved by consent and relief is obtained
2 Whether the registrar's decision on costs should be confirmed

Ratio Decidendi

Court Disposition

Registrar’s order confirmed; defendant to pay plaintiffs’ costs of the notice of motion filed 4 December 2000.

Orders

The order of Deputy Registrar Howe of 27 November 2000 is confirmed.
The defendant is to pay the costs of the plaintiffs of the notice of motion filed by the defendant on 4 December 2000.