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ROJ Property Group Pty Ltd & Anor v Eventpower Property Pty Ltd (Costs) [2023] VSC 268
COSTS
Supreme Court of Victoria
Division:
Common Law Division
Judge(s):
Derham AsJ
Parties:
In the matter of an application pursuant to section 84 of the Property Law Act 1958 (Vic) for the modification of a restrictive covenant imposed by Instrument of Transfer AK036535Y registered in the Register Book at the Office of Titles and on Certificate of Title Volume 11384 Folio 290; ROJ Property Group P/L & K & M Property Investments Group P/L v Eventpower Property P/L (Costs)
Judgment Date:
25 May 2023
Catchwords:
COSTS - Application for modification of restrictive covenant - Application granted - Whether the defendant should pay plaintiffs' costs - Whether defendant's conduct of the case irresponsible - Whether defendant made groundless objections to the application - Property Law Act 1958 (Vic), s 84 - Re Withers [1970] VR 319; Stanhill Pty Ltd v Jackson [2005] VSC 355; Walker v Bridgewood (No 2) [2006] NSWSC 284; Mamfredas Investment Group Pty Ltd v PropertyIT and Consulting Pty Limited [2013] NSWSC 929; Wong v McConville (No 2) [2014] VSC 282; Jiang v Monaygon Pty Ltd (Costs) [2017] VSC 655 - Calderbank offer made by plaintiffs - Applicable legal principles - Whether unreasonable of defendant to reject Calderbank offer - Lahanis v Livesay (2021) 63 VR 197.
Citation: