NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: OTR 323 Pty Ltd v Geoff Boyd Properties Pty Ltd [2022] NSWSC 572 Hearing dates: On the papers Date of orders: 12 May 2022 Decision date: 12 May 2022 Jurisdiction: Equity Before: Darke J Decision: No order as to costs, to the intent that each party bear its own costs of the proceedings. Catchwords: COSTS – proceedings promptly settled – no determination on the merits – consent orders include declaration as sought by plaintiff – plaintiff claims to be successful party – proceedings prompted by defendant's service of lapsing notice in respect of caveat lodged by plaintiff – not unreasonable for defendant to serve lapsing notice – defendant did not act unreasonably in proceedings – appropriate that each party bear own costs of proceedings Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Real Property Act 1900 (NSW), s 74K, s 74O Cases Cited: Franpina Developments Pty Ltd v John Anthony Arena Pty Ltd [2022] NSWSC 57 Nadilo v Eagleton [2021] NSWCA 232 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: OTR 323 Pty Ltd (Plaintiff) Geoff Boyd Properties Pty Ltd (Defendant) Representation: Counsel: Mr D Neggo (Plaintiff)
Solicitors: Macpherson Kelley Pty Ltd (Plaintiff) David A Vitnell Property Lawyer (Defendant) File Number(s): 2022/52225 Publication restriction: None
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