Coleman v Hart-Hughes (No 2) [2017] NSWSC 902

Supreme Court New South Wales

Medium Neutral Citation: Coleman v Hart-Hughes (No 2) [2017] NSWSC 902 Hearing dates: On the papers Date of orders: 06 July 2017 Decision date: 06 July 2017 Jurisdiction: Equity Before: Darke J Decision: First defendant ordered to pay plaintiff's costs of the proceedings between them, with such costs to be secured by the plaintiff's charge. No orders as to costs of the proceedings between the plaintiff and the second and third defendants. Catchwords: COSTS – multiple defendants – where plaintiff obtained declaration of equitable charge over first defendant's land – where other defendants had registered mortgages over land – where unsuccessful attempts to settle proceedings between parties – appropriate for first defendant to pay plaintiff's costs as between those parties – appropriate for those costs to be secured by plaintiff's equitable charge – no order for costs as between plaintiff and second and third defendants Legislation Cited: Evidence Act 1995 (NSW), s 131(2)(h) Uniform Civil Procedure Rules 2005 (NSW), r 42.25 Cases Cited: Aged Care Services Ltd v Macedonian Aged Care & Accommodation Ltd [2012] NSWSC 641 Coleman v Hart-Hughes [2017] NSWSC 656 Overton Investments Pty Ltd v Cuzeno RVM Pty Ltd [2003] NSWCA 27 Waco Kwikform Ltd v Jabbour (2010) 16 BPR 30,727; [2010] NSWSC 1379 Category: Costs Parties: James Robert Coleman (Plaintiff) Gai Hart-Hughes (First Defendant) First Mortgage Managed Investments Pty Ltd (Second Defendant) First Mortgage Investments Pty Ltd (Third Defendant) VMC Consulting Pty Ltd (Fourth Defendant) Representation: Counsel: Mr A Ogborne (Plaintiff) In person (First Defendant) Mr R Lewin (solicitor) (Second and Third Defendants)