COSTS — equitable remedies — mortgage wrongfully discharged — plaintiff obtains order to defendant to re-register new mortgage in the same form — plaintiff unsuccessful on some quantum issues — no judgment for mortgage debt necessary — quantum issues not “clearly dominant or severable” — costs of proceedings awarded to plaintiff
COSTS — indemnity costs — contractual entitlement to costs — mortgage wrongfully discharged — order to defendant to re-register new mortgage in the same form — costs of obtaining order not costs incurred under original mortgage — indemnity costs claim not pleaded — costs awarded on ordinary basis
Case Details
Citation[2022] NSWSC 1608
CourtNSWSC
JurisdictionNew South Wales
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