Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 3) [2016] NSWSC 1203

Supreme Court New South Wales

Medium Neutral Citation: Western Land Developments Pty Limited v Maganic Brothers and Sister Pty Limited (No. 3) [2016] NSWSC 1203 Hearing dates: 8 June 2016; 10 June 2016; 23 August 2016 Date of orders: 31 August 2016 Decision date: 31 August 2016 Jurisdiction: Equity Before: Slattery J Decision: The plaintiffs/cross-defendants are ordered to pay two-thirds of the defendants/cross-claimants' costs of the proceedings. Make no order as to interest up to judgment under Civil Procedure Act 2005, s 100. Make no allowance for any capital benefit derived by the owner of Lot 1, the first defendant/cross-claimant, consequent upon non-concrete chip related expenditure on the driveway of Lot 1. Catchwords: COSTS AND CONSEQUENTIAL RULINGS – proceedings for specific performance of a February 2011 agreement to settle proceedings – Court holds two hearings and gives judgments respectively in October 2013 and May 2016 – which party should bear the costs of the proceedings – whether interest up to judgment is payable to one or other party under Civil Procedure Act 2005, s 100 – whether or not the parties should bear equally the subdivision costs expended on the driveway on Lot 1 of the land in question or whether some allowance should be made for the capital benefit derived to the owner of Lot 1 (the first defendant/cross-claimant) consequent upon that expenditure. Legislation Cited: Civil Procedure Act 2005, s 100 Cases Cited: Bennett v Jones [1977] 2 NSWLR 355 Falkner v Bourke (1990) 19 NSWLR 574 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor [2013] NSWSC 1574 Western Land Developments Pty Limited & Anor v Maganic Brothers and Sister Pty Limited & Anor (No. 2) [2016] NSWSC 598 Category: Costs Parties: First Plaintiff/Cross-Defendant: Western Land Developments Pty Limited Second Plaintiff/Cross-Defendant: Edmond Brendan Kelly