Knox Street Apartments Pty Ltd v Rabinowitz

The case of Knox Street Apartments Pty Ltd v Rabinowitz was heard in the Supreme Court of New South Wales. The dispute involved the plaintiff, Knox Street Apartments Pty Ltd, which sought to remove a caveat from property located on Knox Street. The caveat had been lodged by the first defendant, Rabinowitz. The plaintiff also sought an order for the second and third defendants, who had interests in the land, to pay costs. Rabinowitz agreed to withdraw the caveat and pay the plaintiff's costs, but the plaintiff's application for costs against the other defendants was contested.

The court had to determine whether the second and third defendants, who had not contested the withdrawal of the caveat but were joined as defendants, should be ordered to pay costs. The plaintiff argued that the second and third defendants should contribute to the costs since they had not contested the application and had not disputed the withdrawal of the caveat. The defendants contended that they should not be liable for costs because they had not actively participated in the proceedings.

The court held that the second and third defendants should not be ordered to pay costs. The judge reasoned that, while the defendants had not contested the withdrawal of the caveat, they had not engaged in any conduct that warranted an order for costs against them. The court found that the plaintiff's costs should be limited to those reasonably incurred in relation to the first defendant who had agreed to withdraw the caveat and pay costs. Consequently, the plaintiff's application for costs against the second and third defendants was dismissed.