Brunton v Hennessy (No 2) [2020] NSWSC 1310

Brunton v Hennessy (No 2) [2020] NSWSC 1310

Costs are to be apportioned between the parties to reflect success on particular issues: plaintiffs to receive costs on Access Issues 1 and 2 due to defendant's capitulation; first defendant to receive costs on the Road Issue and Cattle Grids Issue where he succeeded, and nominal damages did not justify costs for plaintiffs.

Jurisdiction
Australia
Judgment Date
25 September 2020
Procedural Posture
Civil / Costs Determination Following Judgment
Outcome
Costs partially awarded to each party reflecting success on particular issues.
Legal Topics
['costs' 'rights of Access' 'contract Breach' 'nominal Damages']
['equity'] ['costs' 'rights of Access' 'contract Breach' 'nominal Damages']

Case Brief

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Procedural Posture

Civil / Costs Determination Following Judgment

Legal Issues

  1. 1 ['Appropriate costs order reflecting the outcomes of particular issues between the parties' "Whether the first defendant's capitulation on certain issues affects the costs entitlement" 'Effect of awarding nominal damages on costs entitlement']

Ratio Decidendi

Costs are to be apportioned between the parties to reflect success on particular issues: plaintiffs to receive costs on Access Issues 1 and 2 due to defendant's capitulation; first defendant to receive costs on the Road Issue and Cattle Grids Issue where he succeeded, and nominal damages did not justify costs for plaintiffs.

Court Disposition

Costs partially awarded to each party reflecting success on particular issues.

Orders

  • ["First defendant to pay the plaintiffs' costs in respect of Access Issues 1 and 2." "Plaintiffs to pay the first defendant's costs in respect of the Road Issue and the Cattle Grids Issue."]