Trapp & Anor v Powell & Anor [1999] NSWSC 59

The first defendant's unreasonable obstruction of the sale and refusal to vacate, despite offers and legal advice, caused delay in administration of the estate, justifying an order for indemnity costs against him.

Parties: First Plaintiff: Jonathan Andrew Trapp; Second Plaintiff: Roslyn Trapp; First Defendant: Bethany Gai Powell; Second Defendant: Mark Sutton
Jurisdiction: Australia
Judgment Date: 16 February 1999
Procedural Posture: Strike Out Defence; Summary Judgment; Costs Application / Post Judgment (costs Application After Summary Judgment)
Outcome: Order for indemnity costs against first defendant granted
Legal Topics: Strike Out of Defence, Summary Judgment, Mesne Profits, Costs on Indemnity Basis

Civil Procedure Wills and Estates Strike Out of Defence Summary Judgment Mesne Profits Costs on Indemnity Basis

Case Brief

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Parties

Jonathan Andrew Trapp

First Plaintiff

Roslyn Trapp

Second Plaintiff

Bethany Gai Powell

First Defendant

Mark Sutton

Second Defendant

Procedural Posture

Strike Out Defence; Summary Judgment; Costs Application / Post Judgment (costs Application After Summary Judgment)

Legal Issues

1 Whether the first defendant should pay costs on an indemnity basis
2 Whether the first defendant's conduct justified departure from usual party/party costs order

Ratio Decidendi

Court Disposition

Order for indemnity costs against first defendant granted

Orders

The first defendant is to pay the plaintiffs' costs on an indemnity basis (including the costs of today).