Ghannam v BB&B Penrith Pty Ltd [2021] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Ghannam v BB&B Penrith Pty Ltd [2021] NSWSC 1131 Hearing dates: On the papers Date of orders: 7 September 2021 Decision date: 07 September 2021 Jurisdiction: Equity Before: Darke J Decision: Plaintiff ordered to pay defendant's costs. Catchwords: COSTS – plaintiff commenced proceedings to extend the operation of his caveat – caveat recorded on title of Lot in strata development of which the defendant was registered proprietor – parties settled caveat dispute but not the costs of the proceedings – plaintiff's caveat failed to specify his interest in the Lot and was therefore fundamentally defective – continuation of caveat would also prejudice the defendant's ability to obtain refinancing and therefore imperil completion of the development – such an outcome would prevent the defendant from conveying the Lot to the plaintiff – continued operation of caveat highly inconvenient in these circumstances – defendant offered to protect the plaintiff's interest in the Lot in exchange for removal of the caveat – held that it was inevitable the caveat would have been ordered to be withdrawn – order made that the plaintiff pay the defendant's costs Legislation Cited: Real Property Act 1900 (NSW) ss 74F, 74L Cases Cited: Hanson Construction Materials v Vimwise Civil Engineering (2006) NSW ConvR 56-137; [2005] NSWSC 880 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Category: Costs Parties: Jamal Ghannam (Plaintiff) BB&B Penrith Pty Ltd (Defendant) Representation: Counsel: Mr S Lipp (Plaintiff)