Arkbay Investments Pty Ltd (in liquidation)(receivers and managers appointed) v Tripod Funds Management Pty Ltd (No 2) [2015] NSWSC 330

Supreme Court New South Wales

Medium Neutral Citation: Arkbay Investments Pty Ltd (in liquidation)(receivers and managers appointed) v Tripod Funds Management Pty Ltd (No 2) [2015] NSWSC 330 Hearing dates: Decided on the papers Date of orders: 30 March 2015 Decision date: 30 March 2015 Jurisdiction: Equity Division Before: Robb J Decision: I order the defendant to pay the plaintiffs' costs of the proceedings not covered by any other costs order on the indemnity basis Catchwords: COSTS – whether costs on plaintiff's successful claim for compensation under Real Property Act 1900 (NSW) s 74 be paid by defendant on an indemnity basis – defendant had no arguable claim for an estate or interest in the property for the lodgement of a caveat preventing sale of property – defendant ordered in separate removal of caveat proceedings to pay plaintiff's costs on an indemnity basis – defendant's unreasonable rejection of a Calderbank offer Legislation Cited: Real Property Act 1900 (NSW) s74 Cases Cited: Arkbay Investments Pty Ltd (in liquidation) (receivers and managers appointed) v Tripod Funds Management Pty Ltd [2014] NSWSC 1003 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Arkbay Investments Pty Ltd (in liquidation) (receivers and managers appointed) (first plaintiff) McEvoy Street Alexandria Pty Ltd (in liquidation) (receivers and mangers appointed) (second plaintiff) Australian and New Zealand Banking Group Ltd (third plaintiff) Tripod Funds Management Pty Ltd (defendant) Representation: Counsel: M R Tyson (plaintiffs) D Allen (defendant)