Stibbard-Leaver v Leaver [2021] NSWSC 65

Supreme Court New South Wales

Medium Neutral Citation: Stibbard-Leaver v Leaver [2021] NSWSC 65 Hearing dates: On the papers Date of orders: 9 February 2021 Decision date: 09 February 2021 Jurisdiction: Equity Before: Darke J Decision: Order that the costs of the proceedings of each party be paid out of the proceeds of sale before the distribution of the balance of the proceeds to the parties. Catchwords: COSTS – departure from the general rule – proceedings for appointment of trustees for sale of co-owned property – orders made without a hearing on the merits – whether one party had earlier acted unreasonably in failing to agree to sell property and in failing to accept an offer that would involve a sale of the property – whether unreasonableness is manifest by reference to known circumstances – whether unreasonableness resulted in the incurring of unnecessary costs –– costs of all parties ordered to be paid out of the proceeds of the sale of the property Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Cases Cited: Chow v Chow (No 2) [2015] NSWSC 1348 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Lewin v Lewin [2019] NSWSC 380 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Category: Costs Parties: Nicole Lisa Stibbard-Leaver (Plaintiff) Bradley Robert Leaver (First Defendant) Damien John Leaver (Second Defendant) Andrew Kelvin Leaver (Third Defendant) Representation: Counsel: Mr A W Smith (Plaintiff) Mr A Munro (First Defendant)