Indemnity Costs

Albarran v Joe & Joe Developments [2010] NSWSC 1385
24 November 2010
The caveat in this case described the nature of the interest as being: An equitable interest arising under a Deed of Company Arrangement DOCA because the provisions that establish the right of equalisation are contained in the (deed of company...
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Business Acquisitions Aust v FTFS Holdings [2006] NSWSC 977
06 September 2006
The Defendant sought an order under s.74NA of the Real Property Act 1900 (NSW) for the removal of the Plaintiff’s caveat. This application failed. The Defendant then lodged a lapsing notice in respect of that caveat. What the Court had to consider...
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Tobin v Ezekiel [2006] NSWSC 694
06 July 2006
The case concerned the issue of costs in relation to the Plaintiffs' refusal to remove an insupportable caveat. What the Court had to determine was whether costs on an indemnity basis should be ordered with payment on assessment or agreement. The Court...
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Birch v Glissen [2005] NSWSC 337
15 April 2005
The main issue in this case was whether the costs payable by the Plaintiff to the Defendant in respect of the Plaintiff’s unsuccessful notice of motion for extension of a caveat should be ordered to be paid on the indemnity basis. The Court referred...
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