JNN Investments Pty Ltd v Francis (No 2) [2022] NSWSC 1349

Supreme Court New South Wales

Medium Neutral Citation: JNN Investments Pty Ltd v Francis (No 2) [2022] NSWSC 1349 Hearing dates: 7 September 2022 Date of orders: 6 October 2022 Decision date: 06 October 2022 Jurisdiction: Common Law Before: Davies J Decision: I order the defendant to pay 80% of the plaintiff's costs on an indemnity basis. Catchwords: COSTS – apportionment of costs - mortgagee's costs – multiple issues – where mortgagor partially successful on cross-claim – where partial success on that issue affected amount recoverable by mortgagee – where mortgagee acted unreasonably in resisting issue raised on cross-claim – mortgagor should pay 80% of costs Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 42.25 Cases Cited: Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 JKAM Investments Pty Ltd v Damien (No 2) [2022] NSWSC 763 JNN Investments Pty Ltd v Francis [2022] NSWSC 1063 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Sabah Yazgi v Permanent Custodians Limited (No 2) [2007] NSWCA 306 Sydney Ferries v Morton (No 2) [2010] NSWCA 238 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Texts Cited: Fisher & Lightwood's Law of Mortgage (Lexis Nexis, 3rd Australian Edition 2014) Category: Costs Parties: JNN Investments Pty Ltd (Plaintiff) George Peter Francis (Defendant) Representation: Counsel: H Altan & M Isaac (Plaintiff) C Cassimatis (Defendant)