CC United Developments Pty Ltd v Wing Da Pty Ltd [2019] NSWCA 45

CC United Developments Pty Ltd v Wing Da Pty Ltd [2019] NSWCA 45

The application for leave to appeal was dismissed as no arguable error or question of principle was raised: the service of lapsing notice was found to be an improper use of procedure intended to pressure the respondent, justifying indemnity costs against the applicants; the primary judge had not erred in exercising discretion to award costs.

Parties
First Applicant: CC United Developments Pty Ltd; Second Applicant: Charlie Elias; Third Applicant: Charbel Boutros; Respondent: Wing Da Pty Ltd
Jurisdiction
Australia
Judgment Date
06 March 2019
Procedural Posture
Application for Leave to Appeal / Appellate
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Costs, Caveats, Renewal of Lease, Indemnity Costs, Application for Leave to Appeal
Civil Procedure Costs Caveats Renewal of Lease Indemnity Costs Application for Leave to Appeal

Case Brief

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Parties

CC United Developments Pty Ltd

First Applicant

Charlie Elias

Second Applicant

Charbel Boutros

Third Applicant

Wing Da Pty Ltd

Respondent

Procedural Posture

Application for Leave to Appeal / Appellate

Legal Issues

  1. 1 Whether the primary judge erred by awarding indemnity costs against the applicants in relation to proceedings for extension of operation of a caveat.
  2. 2 Whether proceedings for the extension of the operation of the caveat were unnecessary.

Ratio Decidendi

The application for leave to appeal was dismissed as no arguable error or question of principle was raised: the service of lapsing notice was found to be an improper use of procedure intended to pressure the respondent, justifying indemnity costs against the applicants; the primary judge had not erred in exercising discretion to award costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Dismiss the application for leave to appeal.
  • Applicants to pay the respondent's costs to be assessed on the ordinary basis.