Raptis & Ors v Wija Investments Development Pty Ltd (No. 2) [2007] NSWSC 1012

Raptis & Ors v Wija Investments Development Pty Ltd (No. 2) [2007] NSWSC 1012

Because leave to lodge a further caveat under the Real Property Act 1900, s 74O was being granted as final relief after the plaintiffs had established a caveatable interest, no undertaking as to damages should be required. Although Wija should generally pay the successful plaintiffs' costs, the plaintiffs should pay Wija's costs of the earlier application before Palmer J because they brought an unsuccessful application to extend a defective caveat and no reason was shown to depart from the ordinary rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
05 September 2007
Procedural Posture
Conveyancing Proceeding Concerning Caveatable Interest and Leave to Lodge a Further Caveat Under the Real Property Act 1900, S 74 O / Ex Tempore Judgment on Rival Orders to Perfect Reasons for Judgment, Including Undertaking as to Damages and Costs
Outcome
No undertaking as to damages required; defendant to pay the plaintiffs' costs except that the plaintiffs must pay the defendant's costs of the unsuccessful earlier application before Palmer J.
Legal Topics
['torrens Title Caveats' 'leave to Lodge Further Caveat' 'undertaking as to Damages' 'costs']
['conveyancing' 'real Property' 'civil Procedure'] ['torrens Title Caveats' 'leave to Lodge Further Caveat' 'undertaking as to Damages' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Conveyancing Proceeding Concerning Caveatable Interest and Leave to Lodge a Further Caveat Under the Real Property Act 1900, S 74 O / Ex Tempore Judgment on Rival Orders to Perfect Reasons for Judgment, Including Undertaking as to Damages and Costs

Legal Issues

  1. 1 ['Whether an undertaking as to damages should be required from the plaintiffs as the price for leave to lodge a further caveat under the Real Property Act 1900, s 74O as final relief.' "Whether the plaintiffs should pay the defendant's reserved costs of an earlier unsuccessful application to extend a defective caveat, despite succeeding on the substantive issue."]

Ratio Decidendi

Because leave to lodge a further caveat under the Real Property Act 1900, s 74O was being granted as final relief after the plaintiffs had established a caveatable interest, no undertaking as to damages should be required. Although Wija should generally pay the successful plaintiffs' costs, the plaintiffs should pay Wija's costs of the earlier application before Palmer J because they brought an unsuccessful application to extend a defective caveat and no reason was shown to depart from the ordinary rule that costs follow the event.

Court Disposition

No undertaking as to damages required; defendant to pay the plaintiffs' costs except that the plaintiffs must pay the defendant's costs of the unsuccessful earlier application before Palmer J.

Orders

  • ['No undertaking as to damages was extracted from Ms Betty Raptis and Ms Dimitra Raptis.' "Wija Investments Development Pty Ltd is to pay the plaintiffs' costs, except for the costs of the application before Palmer J." "Ms Betty Raptis and Ms Dimitra Raptis are to pay Wija Investments Development Pty Ltd's costs of...