Business Finance Pty Ltd v Casula Projects Pty Ltd (No 2) [2022] NSWSC 1608

Supreme Court New South Wales

Medium Neutral Citation: Business Finance Pty Ltd v Casula Projects Pty Ltd (No 2) [2022] NSWSC 1608 Hearing dates: On the papers; final submission 8 November 2022 Date of orders: 24 November 2022 Decision date: 24 November 2022 Jurisdiction: Equity - Expedition List Before: Parker J Decision: See [42] Catchwords: COSTS – equitable remedies – mortgage wrongfully discharged – plaintiff obtains order to defendant to re-register new mortgage in the same form – plaintiff unsuccessful on some quantum issues – no judgment for mortgage debt necessary – quantum issues not "clearly dominant or severable" – costs of proceedings awarded to plaintiff COSTS – indemnity costs – contractual entitlement to costs – mortgage wrongfully discharged – order to defendant to re-register new mortgage in the same form – costs of obtaining order not costs incurred under original mortgage – indemnity costs claim not pleaded – costs awarded on ordinary basis Legislation Cited: Uniform Civil Procedure Rules 2005, r 42.25 Cases Cited: Akierman Holdings Pty Limited v Akerman (No 3); In the matter of Akierman Holdings Pty Limited (No 2) [2021] NSWSC 869 Business Finance Pty Ltd v Casula Projects Pty Ltd [2022] NSWSC 1156 Dimos v Willetts (2000) 2 VR 170 Kyabram Property Investments Pty Limited v Murray [2005] NSWCA 87 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Trentelman v The Owners - Strata Plan 76700 (No 3); The Owners - Strata Plan 76700 v Trentelman (No 3) [2021] NSWSC 578 Category: Costs Parties: Business Finance Pty Limited (Receiver and Manager appointed) (First Plaintiff) Marcus William Ayres in his capacity as Receiver and Manager of Business Finance Pty Limited (Receiver and Manager appointed) (Second Plaintiff) Casula Projects Pty Limited (Defendant) Representation: Counsel: S Ipp/A Girgis (Plaintiffs) D Barlin (Defendant)