Arkbay Investments Pty Ltd (in liquidation)(receivers and managers appointed) v Tripod Funds Management Pty Ltd (No 2) [2015] NSWSC 330

Arkbay Investments Pty Ltd (in liquidation)(receivers and managers appointed) v Tripod Funds Management Pty Ltd (No 2) [2015] NSWSC 330

The defendant's conduct was unreasonable in lodging a caveat without a caveatable interest and rejecting a reasonable Calderbank offer; therefore, indemnity costs are justified for the proceedings not otherwise covered.

Jurisdiction
Australia
Judgment Date
30 March 2015
Procedural Posture
Compensation and Costs Proceedings / Costs Order Following Judgment
Outcome
Defendant ordered to pay plaintiffs' costs not covered by any other costs order on the indemnity basis.
Legal Topics
['indemnity Costs' 'caveat Removal' 'compensation Claim' 'calderbank Offer']
['property Law' 'equity Law' 'costs'] ['indemnity Costs' 'caveat Removal' 'compensation Claim' 'calderbank Offer']

Case Brief

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Procedural Posture

Compensation and Costs Proceedings / Costs Order Following Judgment

Legal Issues

  1. 1 ["Whether costs on plaintiff's successful claim for compensation under Real Property Act 1900 (NSW) s 74 should be paid by defendant on an indemnity basis"]

Ratio Decidendi

The defendant's conduct was unreasonable in lodging a caveat without a caveatable interest and rejecting a reasonable Calderbank offer; therefore, indemnity costs are justified for the proceedings not otherwise covered.

Court Disposition

Defendant ordered to pay plaintiffs' costs not covered by any other costs order on the indemnity basis.

Orders

  • ["Defendant to pay plaintiffs' costs of the proceedings not covered by any other costs order on the indemnity basis"]