Damien v Combined Home Loans Pty Limited (No 2) [2016] NSWSC 825

Damien v Combined Home Loans Pty Limited (No 2) [2016] NSWSC 825

Each party should bear its own costs of the proceedings as rectification was ordered not in the form sought by the plaintiff, the defendants neither consented to nor opposed rectification, and their participation was a matter of their choice.

Parties
Plaintiff: Timothy Mark Damien; First Defendant: Combined Home Loans Pty Limited (in liquidation); Second Defendant: Stephen John Michell as liquidator of Combined Home Loans Pty Limited
Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Civil / Costs Determination After Principal Judgment
Outcome
Each party to bear its own costs of the proceedings.
Legal Topics
Costs, Rectification
Equity Costs Rectification

Case Brief

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Parties

Timothy Mark Damien

Plaintiff

Combined Home Loans Pty Limited (in liquidation)

First Defendant

Stephen John Michell as liquidator of Combined Home Loans Pty Limited

Second Defendant

Procedural Posture

Civil / Costs Determination After Principal Judgment

Legal Issues

  1. 1 Whether the plaintiff or defendants should bear the costs of proceedings concerning rectification of a deed

Ratio Decidendi

Each party should bear its own costs of the proceedings as rectification was ordered not in the form sought by the plaintiff, the defendants neither consented to nor opposed rectification, and their participation was a matter of their choice.

Court Disposition

Each party to bear its own costs of the proceedings.

Orders

  • Each party bear its own costs of the proceedings.