DGF Property Holdings Pty Limited v Di Federico; DGF Property Holdings Pty Limited v Butros (No 2) [2018] NSWSC 1137

Supreme Court New South Wales

Medium Neutral Citation: DGF Property Holdings Pty Limited v Di Federico; DGF Property Holdings Pty Limited v Butros (No 2) [2018] NSWSC 1137 Hearing dates: 21 June 2018, Costs on the papers Decision date: 24 July 2018 Jurisdiction: Equity Before: Emmett AJA Decision: See [3], [9] and [20] Catchwords: REAL PROPERTY – consequential orders permitting recession by the vendor of off the plan contracts under s 66ZL of the Conveyancing Act 1999 (NSW) subject to an undertaking including an offer of a new contract at an adjusted purchase price

COSTS – Party/Party – where proceedings heard together – where party successful in one proceeding – whether party should pay a fix proportion of the costs across both proceedings

COSTS – Party/Party — where proceedings involve multiple parties — parties with same interests - whether party entitled to costs where separately represented – where other parties were jointly represented – where there are multiple parties with similar or identical issues- where there was no conflict between the parties – whether separate issue should be provided for in assessing costs Legislation Cited: Conveyancing Act 1919 (NSW) Cases Cited: DGF Property Holding Limited v Di Federico; DGF Property Holdings Pty Ltd v Butos [2018] NSWSC 344 Category: Procedural and other rulings Parties: In Matter No 2015/105403 DGF Property Holdings Pty Limited (Plaintiff and First Cross Defendant) Enzo Di Federico (First Defendant and First Cross Claimant) Franca Di Federico (Second Defendant and Second Cross Claimant)