Peake & Benedict (Costs)

In the matter of *Peake & Benedict (Costs)*, Judge Harman of the Supreme Court of New South Wales was required to determine the quantum and conditions of costs payable by Ms Benedict to Mr Peake. The dispute concerned the resolution of a property dispute between the parties, who were joint registered proprietors of the [E] property.

The primary legal issues before the Court were to fix the amount of costs to be paid by Ms Benedict to Mr Peake, and to establish the conditions and timing of that payment. Further, the Court was required to determine whether these costs should be secured by a charge over Ms Benedict's interest in the jointly owned property. The Court also needed to address the disposition of outstanding applications and the removal of related matters from the hearing list.

Judge Harman ordered that Ms Benedict pay Mr Peake's costs fixed at $25,000.00. These costs were to be payable within 28 days of the earliest of three events: the parties entering into a binding agreement resolving their dispute under the *Conveyancing Act 1919* (NSW) or the *Real Property Act 1900* (NSW), the making of court orders resolving the dispute, or the sale of the [E] property. The order stipulated that no interest would accrue on these costs if paid in compliance with this condition. Furthermore, the costs were made a charge upon Ms Benedict’s interest in the [E] property until paid in full. All extant applications and responses were dismissed, and all issues were removed from the list of cases awaiting hearing.