Kitanovski v Ibrahim (No 2) [2022] NSWSC 1371

Supreme Court New South Wales

Medium Neutral Citation: Kitanovski v Ibrahim (No 2) [2022] NSWSC 1371 Hearing dates: On the papers Date of orders: 12 October 2022 Decision date: 12 October 2022 Jurisdiction: Equity Before: Darke J Decision: Second defendant to pay costs of plaintiff in relation to plaintiff's claim for specific performance. Plaintiff to pay first and third defendants' costs in relation to plaintiff's claims for removal of caveats. Catchwords: COSTS – departure from usual rule – plaintiff a purchaser under a contract for sale with second defendant vendor – sale at a price below market value – plaintiff seeks orders for removal of caveats – plaintiff successful, but only after belatedly offering to pay money into Court to serve as alternative security for caveators – held appropriate that plaintiff pay costs of caveators – held not appropriate to order second defendant to pay those costs – second defendant not responsible for sale being at an undervalue and it was doubtful that she had ability to herself have caveats removed Legislation Cited: Real Property Act 1900 (NSW), s 74MA Cases Cited: Kitanovski v Ibrahim [2022] NSWSC 1232 Northern Territory v Sangare (2019) 265 CLR 164; [2019] HCA 25 Oshlack v Richmond River Council (1998) 193 CLR 72 Redden v Chapman (1949) 50 SR (NSW) 24 Category: Costs Parties: Mary Kitanovski (Plaintiff) Fadi Ibrahim (First Defendant) Jamelie Josephine Joan Lahood (Second Defendant) Commissioner of Taxation (Third Defendant) Representation: Counsel: Mr D W Robertson (Plaintiff) Mr P Horobin (First Defendant) Mr M J Smith (Third Defendant)