Brand v Brand [2019] NSWSC 1754

Supreme Court New South Wales

Medium Neutral Citation: Brand v Brand [2019] NSWSC 1754 Hearing dates: On the papers Date of orders: 09 December 2019 Decision date: 09 December 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 and defendant registered proprietors and mortgagors of property – plaintiff and defendant enter into agreement whereby the defendant agreed to pay a sum to the plaintiff in return for a transfer of the plaintiff's interest in the property – dispute as to whether the defendant paid all of the amount owing to the plaintiff under the agreement – where plaintiff commenced proceedings seeking appointment of trustees for sale in respect of the property – where proceedings resolved – whether plaintiff or defendant acted unreasonably in the commencement and maintenance of proceedings – neither party held to have acted unreasonably – orders made that each party pay its own costs Legislation Cited: Conveyancing Act 1919 (NSW), s 66G Cases Cited: Calderbank v Calderbank [1976] Fam 93 Ferella v Official Trustee in Bankruptcy [2015] NSWCA 411 Luo v Carbone [2019] NSWSC 830 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681; [2018] NSWCA 84 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Category: Costs Parties: Matilda Somprathana Brand (Plaintiff) Christopher Kodi Brand (Defendant) Representation: Counsel: Ms L Nurpuri (Plaintiff)