Bank of Western Australia Ltd v Tannous (No. 5) [2013] NSWSC 408

Supreme Court New South Wales

Medium Neutral Citation: Bank of Western Australia Ltd v Tannous (No. 5) [2013] NSWSC 408 Hearing dates: 23 April 2013 Decision date: 23 April 2013 Jurisdiction: Common Law Before: Davies J Decision: 1. On the Notice of Motion filed by FMA on 26 June 2012, FMA is to pay the Second Defendant's costs. 2. On the Notice of Motion filed by FMA on 16 October 2012, FMA is to pay thirty per cent of the Second Defendant's costs. 3. There should be no costs in relation to the Second Defendant's Amended Motion filed 27 September 2012. Catchwords: PROCEDURE - costs - no question of principle Cases Cited: Bank of Western Australia Ltd v Tannous [2010] NSWSC 1319 Bank of Western Australia Limited v Tannous [2012] NSWSC 559 Bank of Western Australia Ltd v Tannous (No 4) [2013] NSWSC 182 Category: Interlocutory applications Parties: Bank of Western Australia Ltd (Plaintiff) Arthur Tannous (First Defendant) Emily Tannous (also known as Emiley Tannous) (Second Defendant/Cross-Claimant) ING Bank (Australia) Limited (First Cross-Defendant to Second Cross-Claim; Third Cross-Defendant to Third Cross-Claim) Firstfolio Mortgages Australia Pty Ltd (Second Cross-Defendant to First Cross-Claim; Second Cross-Defendant to Third Cross-Claim) Registrar General of NSW (Second Cross-Defendant to Second Cross-Claim) Representation: F Tao (Plaintiff) J Fernando (Firstfolio Mortgages Australia Pty Ltd) No appearance (First Defendant) A Kumar (Second Defendant) No appearance (Third Defendant) Henry Davis York (Plaintiff) Donnelly Lawyers (First Defendant) Good Legal Lawyers (Second Defendant) Gadens Lawyers (ING and Firstfolio Mortgages Australia Pty Ltd) Solicitor for the Registrar General File Number(s): 2009/292096