Wang v Geyer (No 2) [2024] NSWLEC 69

Wang v Geyer (No 2) [2024] NSWLEC 69

No basis exists for departing from the usual rule that each party pays their own costs; neither party was entirely successful, no unreasonable behaviour or improper purpose was established, and the parties engaged in reasonable settlement efforts both before and during proceedings. The no discouragement principle applies, and detailed settlement negotiations did not warrant costs orders.

Jurisdiction
Australia
Judgment Date
05 July 2024
Procedural Posture
Class 2 Tree and Fencing Dispute / Costs Determination Post Notice of Motion
Outcome
Each party to pay their own costs; both notices of motion dismissed.
Legal Topics
['costs' 'trees (disputes Between Neighbours)' 'dividing Fences']
['civil Procedure' 'property Law'] ['costs' 'trees (disputes Between Neighbours)' 'dividing Fences']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 2 Tree and Fencing Dispute / Costs Determination Post Notice of Motion

Legal Issues

  1. 1 ['Whether costs orders should be made in Class 2 proceedings under Land and Environment Court Rules r 3.7' "Application of 'no discouragement principle' to tree and fencing disputes" 'Whether either party acted unreasonably or for an improper purpose in the conduct of proceedings']

Ratio Decidendi

No basis exists for departing from the usual rule that each party pays their own costs; neither party was entirely successful, no unreasonable behaviour or improper purpose was established, and the parties engaged in reasonable settlement efforts both before and during proceedings. The no discouragement principle applies, and detailed settlement negotiations did not warrant costs orders.

Court Disposition

Each party to pay their own costs; both notices of motion dismissed.

Orders

  • ["The Applicants' notice of motion dated 12 June 2023 is dismissed." 'Each party to pay their costs of the notice of motion dated 12 June 2023.' "The Respondents' notice of motion filed 13 June 2024 is dismissed." 'Each party to pay their costs of the notice of motion filed 13 June 2024.']