Dibb v Transport for NSW (No 2) [2024] NSWLEC 11

Dibb v Transport for NSW (No 2) [2024] NSWLEC 11

Transport for NSW was entitled to costs of the Dibbs' Amendment Motion as the Amendment Motion was filed at the last minute, caused real prejudice to the Respondent, and required urgent work; this conduct was unreasonable in timing and effect justifying an order for costs on an ordinary basis (not indemnity). The quantum of $16,451.70 (ex GST) was reasonable. Indemnity costs were not justified given the short period for acceptance of the Respondent’s Calderbank offer and the overall circumstances.

Jurisdiction
Australia
Judgment Date
21 February 2024
Procedural Posture
Costs Motion in Class 3 (compulsory Acquisition Compensation) / Post Substantive Judgment, Interlocutory (costs of Notice of Motion)
Outcome
Applicants to pay Respondent’s costs of the Notice of Motion dated 26 May 2023 in the sum of $16,451.70 excluding GST, with such costs to be offset against costs otherwise payable to the Applicants in Dibb v Transport for NSW [2023] NSWLEC 114.
Legal Topics
['compulsory Acquisition Compensation' 'interlocutory Costs' 'just Terms Compensation' 'indemnity and Party Party Costs' 'calderbank Offers' 'unreasonable Conduct in Costs' 'amendment of Pleadings']
['compulsory Acquisition' 'costs' 'civil Procedure'] ['compulsory Acquisition Compensation' 'interlocutory Costs' 'just Terms Compensation' 'indemnity and Party Party Costs' 'calderbank Offers' 'unreasonable Conduct in Costs' 'amendment of Pleadings']

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Procedural Posture

Costs Motion in Class 3 (compulsory Acquisition Compensation) / Post Substantive Judgment, Interlocutory (costs of Notice of Motion)

Legal Issues

  1. 1 ["Whether the respondent (Transport for NSW) is entitled to costs of the Dibbs' Notice of Motion filed on 26 May 2023" 'If so, whether those costs should be paid on an indemnity basis or otherwise' 'Quantum of costs to be awarded']

Ratio Decidendi

Transport for NSW was entitled to costs of the Dibbs' Amendment Motion as the Amendment Motion was filed at the last minute, caused real prejudice to the Respondent, and required urgent work; this conduct was unreasonable in timing and effect justifying an order for costs on an ordinary basis (not indemnity). The quantum of $16,451.70 (ex GST) was reasonable. Indemnity costs were not justified given the short period for acceptance of the Respondent’s Calderbank offer and the overall circumstances.

Court Disposition

Applicants to pay Respondent’s costs of the Notice of Motion dated 26 May 2023 in the sum of $16,451.70 excluding GST, with such costs to be offset against costs otherwise payable to the Applicants in Dibb v Transport for NSW [2023] NSWLEC 114.

Orders

  • ["The Applicants must pay the Respondent's costs of the Applicants' Notice of Motion filed on 26 May 2023 in the amount of $16,451.70 excluding GST." 'The amount of costs payable under order 1 is to be offset against the costs otherwise payable to the Applicants as ordered in Dibb v Transport for NSW [2023] NSWLEC...