NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McGrath v Mestousis (No 2) [2018] NSWSC 32 Hearing dates: On the papers Date of orders: 31 January 2018 Decision date: 31 January 2018 Jurisdiction: Equity Before: Darke J Decision: Plaintiffs ordered to pay the defendant's costs of the proceedings (save for certain costs) on the ordinary basis. Catchwords: COSTS – application for imposition of an easement – ordinary rule that applicant pays defendant's costs of proceedings – whether departure from ordinary rule warranted due to unreasonable conduct of defence Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Conveyancing Act 1919 (NSW), s 88K Uniform Civil Procedure Rules, rr 31.51, 31.52 Cases Cited: 117 York Street Pty Ltd v Proprietors of Strata Plan No 16123 (1998) 43 NSWLR 504 Khattar v Wiese [2005] NSWSC 1014 McGrath v Mestousis [2017] NSWSC 995 Mitchell v Boutagy [2001] NSWSC 1045 Sherborne Estate (No 2): Vanvalen v Neaves (2005) 65 NSWLR 268; [2005] NSWSC 1003 Shi v Abi-K Pty Ltd (2014) 87 NSWLR 568; [2014] NSWCA 293 Category: Costs Parties: Patrick Raymond McGrath (First Plaintiff) Sally Jane McGrath (Second Plaintiff) Kristo Mestousis (Defendant) Representation: Counsel: Mr P G Bolster (Plaintiffs)
Solicitors: Marando Solicitors (Plaintiffs) Owen Hodge Lawyers (Defendant) File Number(s): 2014/63536 Publication restriction: None
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