NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Hoho Property Pty Ltd v Bass Finance No 37 Pty Ltd (No 3) [2023] NSWSC 720 Hearing dates: On the papers Decision date: 26 June 2023 Jurisdiction: Equity - Commercial List Before: Rees J Decision: No orders made. Catchwords: COSTS — mortgagee's entitlement to costs — general law — r 42.25, UCPR — principles at [4]-[10] — borrower seeks to set aside finance documents for duress, unconscionable conduct and Contracts Review Act — mortgagee files cross claim seeking repayment and possession — mortgagee fails due to invalid Dobbs certificate — borrower partially successful on Contracts Review Act claim but success academic given mortgagee's failure — mortgagee nonetheless seeks indemnity costs — contractual provisions do not unambiguously confer right to indemnity costs — mortgagee's failure to tender valid Dobb's certificate amounted to unreasonable conduct in the relevant sense — parties enjoyed equal measure of success and failure — no order as to costs. Legislation Cited: Uniform Civil Procedure Rules, rr 42.1, 42.25 Cases Cited: Bell v Hartnett Lawyers (No 2) [2021] NSWSC 1270 Charles v Jones (1886) 33 Ch D 80 Gomba Holdings (UK) Ltd v Minories Finance Ltd (No 2) [1992] WLR 723 In the matter of Indoor Climate Technologies Pty Ltd [2019] NSWSC 356 JKAM Investments Pty Ltd v Damien (No 2) [2022] NSWSC 763 JNN Investments Pty Ltd v Francis (No 2) [2022] NSWSC 1349 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Perpetual Trustees Ltd v Barker [2004] SASC 58 Re Budniak (No 2) [2015] NSWSC 1317 Texts Cited: Fisher & Lightwood's Law of Mortgage (LexisNexis Butterworths, 3rd Australian Edition) Category: Costs Parties: Hoho Property Pty Ltd (First Plaintiff/Cross-Defendant) Thu Duong Ly (Third Plaintiff/Cross-Defendant) Trung Hieu Ho (Fourth Plaintiff/Cross-Defendant) Bass Finance No 37 Pty Ltd (First Defendant/Cross-Claimant) Premier Finance Australia Pty Ltd (Second Defendant/Cross-Claimant) Representation: Counsel:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate