Cambodian Buddhist Society of New South Wales and Anor v Meng Eang Thai and Others [2018] NSWSC 569

Cambodian Buddhist Society of New South Wales and Anor v Meng Eang Thai and Others [2018] NSWSC 569

The costs order was clarified because the Court intended the Defendants to pay 50% of the Second Plaintiff's costs of the proceedings, not merely the costs of the issue on which he was entirely successful, having regard to the invalid December 2016 election, electoral irregularities, and the wrongful removal of the Second Plaintiff.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Costs / Judgment on the Papers Clarifying Costs
Outcome
Clarification of costs order made.
Legal Topics
['costs' 'clarification of Costs Order' 'discretion as to Costs']
['equity' 'civil Procedure'] ['costs' 'clarification of Costs Order' 'discretion as to Costs']

Case Brief

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Procedural Posture

Costs / Judgment on the Papers Clarifying Costs

Legal Issues

  1. 1 ["Whether the earlier costs order required the Defendants to pay 50% of the Second Plaintiff's costs of the proceedings or only the costs of the issue on which he was successful."]

Ratio Decidendi

The costs order was clarified because the Court intended the Defendants to pay 50% of the Second Plaintiff's costs of the proceedings, not merely the costs of the issue on which he was entirely successful, having regard to the invalid December 2016 election, electoral irregularities, and the wrongful removal of the Second Plaintiff.

Court Disposition

Clarification of costs order made.

Orders

  • ["The Defendants should pay 50% of the Second Plaintiff's costs of the proceedings."]