Josey v InvestaFox Pty Limited [2021] NSWSC 827

Supreme Court New South Wales

Medium Neutral Citation: Josey v InvestaFox Pty Limited [2021] NSWSC 827 Hearing dates: On the papers Date of orders: 7 July 2021 Decision date: 07 July 2021 Jurisdiction: Equity Before: Darke J Decision: Proceedings to be dismissed with no order as to costs. Catchwords: COSTS – plaintiff sought specific enforcement of deed in which defendant granted a drainage easement – plaintiff requested signed original documents from defendant to effect exchange of deeds and registration of easement – plaintiff commenced proceedings after defendant's delay in providing original documents – defendant subsequently sent original documents – parties agreed the proceedings should be dismissed – both parties seek costs – whether defendant was guilty of unreasonable delay in complying with obligations – whether plaintiff was unreasonable in commencing proceedings where existence of binding deed was questionable and plaintiff in any event not ready, willing and able to perform his obligations – held that it is not appropriate for the Court to conduct a hypothetical hearing on those questions – no determination on the merits – no order as to costs. Legislation Cited: Uniform Civil Procedure Act 2005 (NSW) r 42.20 Cases Cited: Australiawide Airlines Limited t/as Regional Express v Aspirion Pty Limited [2006] NSWCA 365 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Lawrence Bernard Josey (Plaintiff) InvestaFox Pty Limited (Defendant) Representation: Counsel: Mr CMJ Palmer (Defendant)