White v Attwells (No 2) [2020] NSWSC 1837

White v Attwells (No 2) [2020] NSWSC 1837

The defendant, as the successful party, is entitled to costs of the proceedings up to the date of discontinuance in accordance with the general rule; however, costs associated with the cross-claim and the parties' respective notices of motion are excluded, and in relation to the motions, the plaintiff is to pay half the defendant's costs due to the inefficiencies and increased costs caused by the defendant's conduct.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Costs Application in Civil Proceedings / Post Discontinuance, Costs Determination
Outcome
Costs orders made substantially in favour of the defendant, with specific exclusions and a discount in relation to motions.
Legal Topics
['costs' 'discontinuance' 'party/party Costs' 'notice of Motion']
['civil Procedure'] ['costs' 'discontinuance' 'party/party Costs' 'notice of Motion']

Case Brief

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Procedural Posture

Costs Application in Civil Proceedings / Post Discontinuance, Costs Determination

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's costs incurred up to the date of discontinuance." 'Whether any costs should be excepted from the general rule that costs follow the event, including costs of adjournment and a second day of hearing.' "Whether the circumstances of discontinuance displace the usual rule that plaintiff pays the defendant's costs after discontinuance."]

Ratio Decidendi

The defendant, as the successful party, is entitled to costs of the proceedings up to the date of discontinuance in accordance with the general rule; however, costs associated with the cross-claim and the parties' respective notices of motion are excluded, and in relation to the motions, the plaintiff is to pay half the defendant's costs due to the inefficiencies and increased costs caused by the defendant's conduct.

Court Disposition

Costs orders made substantially in favour of the defendant, with specific exclusions and a discount in relation to motions.

Orders

  • ["Plaintiff to pay defendant's costs incurred up to 20 November 2020 in relation to the claims in the statement of claim, excluding costs of plaintiff's notice of motion (31 March 2020), defendant's amended notice of motion (30 March 2020), and cross-claim." "In respect of the notices of motion, plaintiff to pay...