Gilles v Salem [2018] NSWSC 506

The original caveat was defective as it purported to affect respondents' interest over which the plaintiffs had no claim, thus, respondents acted reasonably in serving the lapsing notice; no causal connection justifying a costs order against respondents.

Jurisdiction: Australia
Judgment Date: 24 April 2018
Procedural Posture: Notice of Motion for Costs Against Non Parties / Ruling on Motion for Costs
Outcome: Application for costs order against respondents dismissed; plaintiffs ordered to pay respondents' costs of motion on indemnity basis.
Legal Topics: ['costs' 'caveats' 'non Party Costs Orders']

['equity'] ['costs' 'caveats' 'non Party Costs Orders']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Notice of Motion for Costs Against Non Parties / Ruling on Motion for Costs

Legal Issues

1 ["Whether non-party respondents should be ordered to pay plaintiffs' costs of proceedings" "Whether respondents' conduct caused the plaintiffs to commence proceedings" 'Whether respondents acted reasonably in serving lapsing notice against caveat']

Ratio Decidendi

Court Disposition

Application for costs order against respondents dismissed; plaintiffs ordered to pay respondents' costs of motion on indemnity basis.

Orders

['Notice of Motion filed by the plaintiffs on 4 September 2017 dismissed.' "Plaintiffs to pay respondents' costs of Notice of Motion on an indemnity basis."]