Touma v Touma [2019] NSWSC 1670

Supreme Court New South Wales

Medium Neutral Citation: Touma v Touma [2019] NSWSC 1670 Hearing dates: On the papers Date of orders: 28 November 2019 Decision date: 28 November 2019 Jurisdiction: Equity Before: Darke J Decision: Order that each party pay its own costs of the proceedings. Catchwords: COSTS – proceedings resolved without a determination on the merits – where plaintiff alleged the existence of an agreement made in 1995 whereby the defendant and plaintiff's mother agreed to transfer a half share in a property to the plaintiff and his wife – where transfer form signed but not registered – plaintiff commenced proceedings seeking orders for the enforcement of the agreement – where proceedings settled and consent orders entered which required the defendant to facilitate a transfer to the plaintiff with the Summons otherwise dismissed – whether prior to commencement of the proceedings the defendant had unreasonably delayed effecting a transfer – where court not in a position to make findings about the terms of the 1995 agreement – neither party held to have acted unreasonably in the proceedings – orders made that each party pay its own costs Legislation Cited: Conveyancing Act 1919 (NSW), ss 66F, 66G Uniform Civil Procedure Rules 2005 (NSW), r 42.20 Cases Cited: Australiawide Airlines Ltd v Aspirion Pty Ltd [2006] NSWCA 365 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 Lewin v Lewin (2019) 19 BPR 39225; [2019] NSWSC 380 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Ralph Lauren 57 Pty Limited v Byron Shire Council [2014] NSWCA 107; (2014) 199 LGERA 424 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Watton v Whitton as Trustee in Bankruptcy Estate of Steven Leonard Watton [2017] NSWSC 1598 Category: Costs Parties: Simon Touma (Plaintiff) Dib Touma (Defendant) Representation: Counsel: Mr J Jobson (Plaintiff)