Teresa Nadia Pedulla v Fernando Rene Panetta & Ors (No 2) [2011] NSWSC 1533

Teresa Nadia Pedulla v Fernando Rene Panetta & Ors (No 2) [2011] NSWSC 1533

Section 129A of the Real Property Act 1900 entitles a successful claimant to indemnity for professional costs reasonably incurred in making a claim, which are to be included in the compensation awarded rather than being limited to ordinary costs of proceedings.

Jurisdiction
Australia
Judgment Date
09 December 2011
Procedural Posture
Compensation Claim Under Real Property Act / Post Judgment Costs and Compensation Determination
Outcome
Orders made awarding plaintiff claimed professional costs as part of compensation from Torrens Assurance Fund; costs ordered against all defendants; further orders per Short Minutes as amended.
Legal Topics
['statutory Construction' 'torrens Assurance Fund Compensation' 'professional Costs in Compensation Awards' 'section 129 a Real Property Act']
['real Property' 'civil Procedure'] ['statutory Construction' 'torrens Assurance Fund Compensation' 'professional Costs in Compensation Awards' 'section 129 a Real Property Act']

Case Brief

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Procedural Posture

Compensation Claim Under Real Property Act / Post Judgment Costs and Compensation Determination

Legal Issues

  1. 1 ['Whether Section 129A of the Real Property Act 1900 entitles a successful claimant to recover professional costs as part of compensation' 'Proper method for assessing and awarding such professional costs']

Ratio Decidendi

Section 129A of the Real Property Act 1900 entitles a successful claimant to indemnity for professional costs reasonably incurred in making a claim, which are to be included in the compensation awarded rather than being limited to ordinary costs of proceedings.

Court Disposition

Orders made awarding plaintiff claimed professional costs as part of compensation from Torrens Assurance Fund; costs ordered against all defendants; further orders per Short Minutes as amended.

Orders

  • ['The plaintiff is awarded the sum of $329,140.37 for professional costs reasonably incurred as part of compensation from the Torrens Assurance Fund.' "The defendants are ordered to pay the plaintiff's costs, as assessed or agreed." "The Registrar-General is entitled to recover from Mr Yee an amount reflecting Mr...