Perpetual Trustees Victoria Limited v Menzies (No 2) [2013] NSWSC 290

Supreme Court New South Wales

Medium Neutral Citation: Perpetual Trustees Victoria Limited v Menzies (No 2) [2013] NSWSC 290 Hearing dates: 31 August 2010, 1 - 3, 6 -10, 16, 22 - 24, 29 September 2010, 22 October 2010, 3 & 20 December 2010, 1, 3, 14, 15 March 2011, 1, 4, 5, 13, 14 April 2011 Decision date: 05 April 2013 Jurisdiction: Common Law Before: Adams J Decision: 1. Perpetual and Challenger are to pay Ms Menzies costs of and incidental to the principal action. 2. Perpetual and Challenger are to pay Ms Menzies costs on an indemnity basis of and incidental to establishing the disputed facts. 3. Perpetual and Challenger are to pay Ms Menzies costs of and incidental to her cross-claim against the Registrar General. 4. Perpetual, Challenger and Ms Menzies are each to pay their own costs of the cross-claim. Catchwords: Costs - separate question - whether without utility - indemnity costs - mere weakness of case insufficient to justify - costs of successful third party - who should pay - notice to admit facts - disputed - when indemnity costs apply. Legislation Cited: Real Property Act 1900 Uniform Civil Procedure Rules 2005 Cases Cited: Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Raulfs v Fishy Bite Pty Ltd [2012] NSWCA 135 Toyota Finance Australia Limited v Easy Dollar Pty Ltd (No 2) [2011] NSWSC 879 Category: Costs Parties: Perpetual Trustees Victoria Limited (First plaintiff) Challenger Financial Group Limited (Second plaintiff) Ann Marie Menzies (First defendant) BMC Mortgage Corporation Pty Limited (Second defendant) Representation: Counsel: G Sirtes SC & D Parish (First and second plaintiffs) B Skinner & J Baird (First defendant) G Curtin SC (Second defendant) Solicitors: Mills Oakley Lawyers (First and second plaintiffs) Eakin McCaffery Cox (First defendant) Gilchrist Connell (Second defendant) File Number(s): 2007/263094