Lee Nyong Pty Ltd v Di Blasi (Costs Ruling)

The case of Lee Nyong Pty Ltd v Di Blasi was concerned with the costs incurred in a dispute over a caveat on a property, and the circumstances of its removal. The case was heard in the Supreme Court of Victoria. Lee Nyong Pty Ltd, the plaintiff, sought to remove a caveat that had been lodged by Di Blasi, the defendant, over a property. The plaintiff alleged that the caveat was fraudulent and sought to have it removed.

The primary legal issue before the court was whether the Registrar of Titles was liable for the costs incurred by the defendant in defending the action to remove the caveat. The court had to consider whether the Registrar, who had issued a Notice of Action under Section 106(1)(f) of the Transfer of Land Act 1958 (Vic), was responsible for the costs of the defendant's defence. The court also had to determine whether the costs were to be paid on an indemnity basis, as provided for by Section 65C(1) of the Civil Procedure Act 2010 (Vic).

In determining the issue, the court held that the Registrar was not liable for the costs incurred by the defendant. The court found that the Registrar was not a party to the proceedings and had no obligation to pay the costs of the defendant. The court further held that the costs should not be paid on an indemnity basis, but rather on the standard basis, as provided for by Section 24(1) of the Supreme Court Act 1986 (Vic). The court found that the plaintiff had failed to establish that the caveat was fraudulent, and that the defendant had a legitimate interest in the property.

The court ordered that the costs of the proceedings be paid by the plaintiff on the standard basis. The court also ordered that the caveat be removed from the property, as the plaintiff had failed to establish that it was fraudulent. The court further ordered that the second mortgagee, who had priority over the caveator, be paid the amount owed to them.