Menassa v Shi (No 2) [2023] NSWSC 168

Menassa v Shi (No 2) [2023] NSWSC 168

The Court refused indemnity costs for the defendants as the plaintiff's conduct was not unreasonable or delinquent. Costs to be paid by the plaintiff on an ordinary basis. Final orders regarding registration of the easement were amended for clarity and consistency, with directions for preparation of required registration documents.

Jurisdiction
Australia
Judgment Date
01 March 2023
Procedural Posture
Equity / Final Orders and Costs Determination
Outcome
Final orders made. Defendants' application for indemnity costs refused. Plaintiff to pay compensation and ordinary costs. Directions regarding registration of easement given.
Legal Topics
['easements' 'costs' 'imposition of Easement Under S 88 K Conveyancing Act 1919 (nsw)' 'indemnity Costs' 'court Orders Regarding Registration of Easement']
['real Property' 'civil Procedure'] ['easements' 'costs' 'imposition of Easement Under S 88 K Conveyancing Act 1919 (nsw)' 'indemnity Costs' 'court Orders Regarding Registration of Easement']

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Procedural Posture

Equity / Final Orders and Costs Determination

Legal Issues

  1. 1 ['Whether departure from ordinary costs rule under s 88K(5) Conveyancing Act 1919 (NSW) is warranted' 'Whether the plaintiff should pay indemnity costs to the defendants' 'Whether the proposed final orders regarding registration and formal aspects of the easement are appropriate']

Ratio Decidendi

The Court refused indemnity costs for the defendants as the plaintiff's conduct was not unreasonable or delinquent. Costs to be paid by the plaintiff on an ordinary basis. Final orders regarding registration of the easement were amended for clarity and consistency, with directions for preparation of required registration documents.

Court Disposition

Final orders made. Defendants' application for indemnity costs refused. Plaintiff to pay compensation and ordinary costs. Directions regarding registration of easement given.

Orders

  • ["An easement to drain water (1 metre wide and variable width) imposed on the defendants' land for plaintiff's benefit as specified in annexures." 'Plaintiff to pay compensation of $26,500 within 21 days of direction for payment.' 'Plaintiff to prepare all documents and forms for registration of the easement by...