NHB Enterprises Pty Ltd v Corry (No 6) [2021] NSWSC 2

NHB Enterprises Pty Ltd v Corry (No 6) [2021] NSWSC 2

Given Applicants' limited success on one serious issue and several failed allegations, a differential costs order is warranted. Respondents to pay 15% of Applicants' costs, assessed on ordinary basis, reflecting fairness, proportionality, and mixed outcome. No indemnity costs order is justified as neither side acted unreasonably, and both contributed to the elongation of proceedings.

Jurisdiction
Australia
Judgment Date
06 January 2021
Procedural Posture
Notice of Motion for Costs Order (wasted Costs Application) / Costs Determination Following Principal Judgment
Outcome
Respondents ordered to pay 15% of the Applicants' costs of the notice of motion (wasted costs application), costs to be assessed on ordinary basis. Otherwise, no order as to costs; each party bears their own costs of the application.
Legal Topics
['costs' 'wasted Costs Jurisdiction' 'party/party Costs' 'indemnity Costs' 'interlocutory Proceedings']
['civil Procedure' 'equity'] ['costs' 'wasted Costs Jurisdiction' 'party/party Costs' 'indemnity Costs' 'interlocutory Proceedings']

Case Brief

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Procedural Posture

Notice of Motion for Costs Order (wasted Costs Application) / Costs Determination Following Principal Judgment

Legal Issues

  1. 1 ["Whether the Respondents should pay the Applicants' costs of the wasted costs application" 'Whether costs should be assessed on an indemnity or ordinary basis' 'Whether differential costs order is warranted given mixed outcome']

Ratio Decidendi

Given Applicants' limited success on one serious issue and several failed allegations, a differential costs order is warranted. Respondents to pay 15% of Applicants' costs, assessed on ordinary basis, reflecting fairness, proportionality, and mixed outcome. No indemnity costs order is justified as neither side acted unreasonably, and both contributed to the elongation of proceedings.

Court Disposition

Respondents ordered to pay 15% of the Applicants' costs of the notice of motion (wasted costs application), costs to be assessed on ordinary basis. Otherwise, no order as to costs; each party bears their own costs of the application.

Orders

  • ["Respondents pay 15% of Applicants' costs of the notice of motion seeking costs orders pursuant to s 99 of the Civil Procedure Act 2005 (NSW), assessed on ordinary basis." 'Otherwise, no order as to costs with intent that each party bears its or his own costs of the application.']