Yazbeck v Rachid [2020] NSWSC 743

Yazbeck v Rachid [2020] NSWSC 743

Although the defendant resisted the plaintiffs' claims until the hearing and should pay the plaintiffs' costs, indemnity costs were not justified because the relevant relief was ultimately obtained by consent, relief under s 66G was not granted, the defendant did little in the litigation and served no evidence, the plaintiffs did not ultimately obtain the relief sought in the summons or amended summons, and delinquency in the conduct of the proceedings sufficient to justify indemnity costs was not established.

Jurisdiction
Australia
Judgment Date
16 June 2020
Procedural Posture
Costs in Equity Proceedings Concerning Sale of Real Property and Specific Performance / Determination of Costs After Consent Orders Were Made on 15 April 2020
Outcome
The defendant was ordered to pay the plaintiffs' costs of the proceedings on the ordinary basis; indemnity costs were not ordered.
Legal Topics
['ordinary Basis Costs' 'indemnity Costs' 'specific Performance' 'judicial Sale Under S 66 G of the Conveyancing Act 1919 (nsw)' 'tenants in Common']
['costs' 'equity' 'real Property'] ['ordinary Basis Costs' 'indemnity Costs' 'specific Performance' 'judicial Sale Under S 66 G of the Conveyancing Act 1919 (nsw)' 'tenants in Common']

Case Brief

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Procedural Posture

Costs in Equity Proceedings Concerning Sale of Real Property and Specific Performance / Determination of Costs After Consent Orders Were Made on 15 April 2020

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiffs' costs of the proceedings." 'Whether costs should be ordered on the indemnity basis or only on the ordinary basis.' "Whether the defendant's conduct before and during the proceedings justified indemnity costs."]

Ratio Decidendi

Although the defendant resisted the plaintiffs' claims until the hearing and should pay the plaintiffs' costs, indemnity costs were not justified because the relevant relief was ultimately obtained by consent, relief under s 66G was not granted, the defendant did little in the litigation and served no evidence, the plaintiffs did not ultimately obtain the relief sought in the summons or amended summons, and delinquency in the conduct of the proceedings sufficient to justify indemnity costs was not established.

Court Disposition

The defendant was ordered to pay the plaintiffs' costs of the proceedings on the ordinary basis; indemnity costs were not ordered.

Orders

  • ["Order the defendant to pay the plaintiffs' costs of the proceedings on the ordinary basis."]