Warwick Green Building Pty Ltd v Woodward [2021] NSWSC 362

Warwick Green Building Pty Ltd v Woodward [2021] NSWSC 362

The appropriate exercise of the court's discretion is to order the first and second defendants pay two-thirds of the plaintiff’s costs, as proceedings were reasonably commenced but some costs may have been avoided had a pre-action demand been made.

Parties
Plaintiff: Warwick Green Building Pty Ltd; First Defendant: Leonie Nicole Woodward; Second Defendant: John Leonard Crampton; Third Defendant: Registrar-General of NSW
Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Equity / Cost Determination Following Discontinuance
Outcome
First and second defendants to pay two-thirds of the plaintiff’s costs; no order as to third defendant's costs.
Legal Topics
Costs, Fraudulent Alienation of Property, Mortgage Discharge
Equity Costs Fraudulent Alienation of Property Mortgage Discharge

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Parties

Warwick Green Building Pty Ltd

Plaintiff

Leonie Nicole Woodward

First Defendant

John Leonard Crampton

Second Defendant

Registrar-General of NSW

Third Defendant

Procedural Posture

Equity / Cost Determination Following Discontinuance

Legal Issues

  1. 1 Whether defendants should pay plaintiff's costs when proceedings discontinued after mortgage discharge
  2. 2 Applicability of default costs rule under UCPR r 42.19
  3. 3 Whether proceedings were reasonably commenced given no pre-action demand was made

Ratio Decidendi

The appropriate exercise of the court's discretion is to order the first and second defendants pay two-thirds of the plaintiff’s costs, as proceedings were reasonably commenced but some costs may have been avoided had a pre-action demand been made.

Court Disposition

First and second defendants to pay two-thirds of the plaintiff’s costs; no order as to third defendant's costs.

Orders

  • The first and second defendants pay two-thirds of the plaintiff's costs of the proceedings.
  • There be no order as to costs of the third defendant.