Odelli v Gabrielle (No 2) [2024] NSWSC 768

Supreme Court New South Wales

Medium Neutral Citation: Odelli v Gabrielle (No 2) [2024] NSWSC 768 Hearing dates: 19 June 2024 Date of orders: 21 June 2024 Decision date: 21 June 2024 Jurisdiction: Equity - Real Property List Before: Parker J Decision: [15] Catchwords: COSTS — party/party — costs follow the event — multiple claims — plaintiff claims orders appointing trustee for sale of co-owned property — defendant cross-claims for declaration that plaintiff held her portion of property on trust for him — cross-claim rejected – property sold by mortgagee and appointment of trustee rendered unnecessary — costs of cross-claim to be paid by unsuccessful defendant – costs of plaintiff's claim to be borne by the parties — whether common costs to follow the claim or the cross-claim Legislation Cited: Conveyancing Act 1919 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Kardos v Sarbutt (No. 2) [2006] NSWCA 206 Medway Oil & Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Odelli v Gabrielle [2024] NSWSC 468 Smith v Madden (1946) 73 CLR 129 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Spathis v Nanos (No 2) [2008] NSWSC 470 Texts Cited: Nil Category: Procedural rulings Parties: Edda Odelli (Plaintiff/Cross-Defendant) Chakib Carlo Gabrielle (Defendant/Cross-Claimant) Representation: Counsel: N Kulkarni (Plaintiff/Cross-Defendant) S Baron Levi (Defendant/Cross-Claimant)