GUSTIN v TAAJAMBA PTY LTD and ANOR [1994] NSWCA 117

GUSTIN v TAAJAMBA PTY LTD and ANOR [1994] NSWCA 117

The appeal succeeded in part: the delay relied on was insufficient to attract the Court's discretion to refuse equitable relief by laches; the caveator had reasonable cause to maintain the caveat during the relevant periods due to the grant of interlocutory relief and the presence of substantial funds in court; therefore, damages were not recoverable under s98 of the Real Property Act for the relevant period. Interest should reflect the rates payable on funds in court.

Parties
Appellant: Robert Gustin; Respondent: Taajamba Pty Ltd
Jurisdiction
Australia
Judgment Date
31 May 1994
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part.
Legal Topics
Undertaking as to Damages, Laches and Delay, Damages Under Real Property Act S98, Caveats, Interest on Court Funds
Equity Real Property Undertaking as to Damages Laches and Delay Damages Under Real Property Act S98 Caveats Interest on Court Funds

Case Brief

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Parties

Robert Gustin

Appellant

Taajamba Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether laches and delay disentitled successful party to damages under an undertaking as to damages.
  2. 2 Whether caveator had 'reasonable cause' to maintain the caveat under s98 of the Real Property Act and whether damages were recoverable.
  3. 3 Appropriate rate of interest to be awarded when damages relate to monies paid into court.

Ratio Decidendi

The appeal succeeded in part: the delay relied on was insufficient to attract the Court's discretion to refuse equitable relief by laches; the caveator had reasonable cause to maintain the caveat during the relevant periods due to the grant of interlocutory relief and the presence of substantial funds in court; therefore, damages were not recoverable under s98 of the Real Property Act for the relevant period. Interest should reflect the rates payable on funds in court.

Court Disposition

Appeal allowed in part.

Orders

  • Vary the Master's assessment by disallowing damages awarded for the period after 13 October 1986.
  • Cross claimant to have costs of the inquiry before the Master and further costs in the Equity Division since the order of Needham J of 13 October 1986.