LGS v Barbagallo (No.4) [2013] NSWSC 311

LGS v Barbagallo (No.4) [2013] NSWSC 311

The prior apportionment of costs of the notice of motion (75% to be paid by the respondents) appropriately reflected the measure of success and failure and the underlying conduct, even after the correction of the period for which non-party costs orders were made. Mathematical precision is neither required nor achievable. The application to vary the apportionment was therefore refused.

Jurisdiction
Australia
Judgment Date
10 April 2013
Procedural Posture
Costs Application / Post Judgment (costs Determination of Notice of Motion)
Outcome
Application to vary or revise the existing costs order refused. Costs of the further application are included as part of the costs of the notice of motion.
Legal Topics
['costs' 'apportionment of Costs' 'non Party Costs Orders']
['civil Procedure'] ['costs' 'apportionment of Costs' 'non Party Costs Orders']

Case Brief

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Procedural Posture

Costs Application / Post Judgment (costs Determination of Notice of Motion)

Legal Issues

  1. 1 ["Whether the previous costs order (apportioning 75% of the applicants' costs of the notice of motion to the respondents) should be varied in light of the correction to the period of non-party liability for costs"]

Ratio Decidendi

The prior apportionment of costs of the notice of motion (75% to be paid by the respondents) appropriately reflected the measure of success and failure and the underlying conduct, even after the correction of the period for which non-party costs orders were made. Mathematical precision is neither required nor achievable. The application to vary the apportionment was therefore refused.

Court Disposition

Application to vary or revise the existing costs order refused. Costs of the further application are included as part of the costs of the notice of motion.

Orders

  • ['Except as previously varied, the costs order made on 13 February 2013 remains undisturbed.' 'The costs of the notice of motion filed on 6 September 2012 include the costs of this further application.']