Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306

Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306

Permanent Custodians' offers were not more favourable than the judgment obtained; Sabah Yazgi was successful on appeal in securing a discharge of the mortgage affecting her interest, and there was no evidence her claims were improperly brought or trial was unnecessarily protracted. As costs follow the event, Sabah Yazgi is entitled to her costs of trial and this application.

Jurisdiction
Australia
Judgment Date
02 November 2007
Procedural Posture
Appeal / Costs After Appellate Decision
Outcome
Costs awarded to Sabah Yazgi
Legal Topics
['costs' 'offers of Compromise' 'mortgages' 'conveyancing' 'contracts Review']
['civil Procedure' 'property Law'] ['costs' 'offers of Compromise' 'mortgages' 'conveyancing' 'contracts Review']

Case Brief

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Procedural Posture

Appeal / Costs After Appellate Decision

Legal Issues

  1. 1 ['Whether Permanent Custodians should have an order for costs of the trial' 'Effect of offers of compromise and Calderbank offers on costs' 'Entitlement to costs where multiple issues litigated' 'Appropriateness of costs order given outcome of appeal and trial']

Ratio Decidendi

Permanent Custodians' offers were not more favourable than the judgment obtained; Sabah Yazgi was successful on appeal in securing a discharge of the mortgage affecting her interest, and there was no evidence her claims were improperly brought or trial was unnecessarily protracted. As costs follow the event, Sabah Yazgi is entitled to her costs of trial and this application.

Court Disposition

Costs awarded to Sabah Yazgi

Orders

  • ["Permanent Custodians is to pay Sabah Yazgi's costs of the trial (including the costs on the Cross-Claim)" 'Permanent Custodians is to pay the costs of this application for costs of the trial']