Simpson & Anor v Bagnall & Ors [2008] NSWLEC 79

Simpson & Anor v Bagnall & Ors [2008] NSWLEC 79

The respondents will not receive the full benefit of a usual costs order due to the applicants' substantial success, respondents’ lack of readiness at hearing, and the applicants’ settlement offer; thus, applicants are to pay 50% of respondents' costs (excluding costs of the hearing on 20 September 2007).

Parties
First Applicant: James David Kingsley Simpson; Second Applicant: Lynne Elizabeth Simpson; First Respondent: Stephen David Bagnall; Second Respondent: Loris Lorraine Stevenson
Jurisdiction
Australia
Judgment Date
11 February 2008
Procedural Posture
Compensation for Anticipated Compulsory Acquisition of Land / Costs Judgment Following Principal Reasons
Outcome
Applicants ordered to pay 50% of respondents' costs, excluding costs of the hearing of 20 September 2007.
Legal Topics
Compulsory Acquisition, Just Compensation, Costs Orders
Compensation Law Property Law Civil Procedure Compulsory Acquisition Just Compensation Costs Orders

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Parties

James David Kingsley Simpson

First Applicant

Lynne Elizabeth Simpson

Second Applicant

Stephen David Bagnall

First Respondent

Loris Lorraine Stevenson

Second Respondent

Procedural Posture

Compensation for Anticipated Compulsory Acquisition of Land / Costs Judgment Following Principal Reasons

Legal Issues

  1. 1 Appropriate costs order following determination of compensation for anticipated compulsory land acquisition

Ratio Decidendi

The respondents will not receive the full benefit of a usual costs order due to the applicants' substantial success, respondents’ lack of readiness at hearing, and the applicants’ settlement offer; thus, applicants are to pay 50% of respondents' costs (excluding costs of the hearing on 20 September 2007).

Court Disposition

Applicants ordered to pay 50% of respondents' costs, excluding costs of the hearing of 20 September 2007.

Orders

  • Applicants to pay 50% of respondents' costs as agreed or assessed, excluding costs of the hearing of 20 September 2007.
  • Each party to pay its own costs for the hearing on 20 September 2007.