Hill v Higgins [2012] NSWSC 743

Hill v Higgins [2012] NSWSC 743

The Hills were entitled to their costs up to and including 5 May 2011 as it was reasonable for them to prosecute the proceedings to achieve removal of the encroachment. The defendants’ offers did not adequately account for costs incurred to that point and were not genuine offers to compromise. Costs associated with expert opinions on alternatives or fence replacement are excluded.

Jurisdiction
Australia
Judgment Date
05 July 2012
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Partial order for costs in favour of plaintiffs up to 5 May 2011; no order as to costs thereafter.
Legal Topics
['costs' 'offers of Compromise' 'calderbank Offers' 'encroachment of Buildings' 'trespass' 'nuisance']
['procedure'] ['costs' 'offers of Compromise' 'calderbank Offers' 'encroachment of Buildings' 'trespass' 'nuisance']

Case Brief

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Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event in light of offers of compromise' "Whether plaintiffs were unreasonable in rejecting defendants' settlement offers" "Whether defendants' offers were genuine offers to compromise"]

Ratio Decidendi

The Hills were entitled to their costs up to and including 5 May 2011 as it was reasonable for them to prosecute the proceedings to achieve removal of the encroachment. The defendants’ offers did not adequately account for costs incurred to that point and were not genuine offers to compromise. Costs associated with expert opinions on alternatives or fence replacement are excluded.

Court Disposition

Partial order for costs in favour of plaintiffs up to 5 May 2011; no order as to costs thereafter.

Orders

  • ["Mr and Mrs Higgins to pay Mr and Mrs Hill's costs of the proceedings up to and including 4.00pm on 5 May 2011." 'No order as to costs for the proceedings thereafter, including hearings on 4 November 2011, 9 December 2011, or 25 June 2012.' 'Costs do not extend to expert reports or proposals for replacement...