Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 5) [2020] NSWLEC 48

Verde Terra Pty Ltd v Central Coast Council; Central Coast Council v Verde Terra Pty Ltd (No 5) [2020] NSWLEC 48

Where a voir dire finally determines a discrete and substantive issue (namely, privilege over documents) within proceedings, and the successful party has achieved a complete outcome on that issue, the court may in its discretion order costs immediately in favour of the successful party, displacing the default rule that such costs be costs in the cause (r 42.7 UCPR).

Jurisdiction
Australia
Judgment Date
06 May 2020
Procedural Posture
Class 4 Civil Proceedings / Determination of Costs Following Successful Interlocutory Voir Dire on Privilege Claims
Outcome
Verde Terra parties to pay the Council's costs of the voir dire; exhibits to be returned.
Legal Topics
['costs' 'privilege (legal and Negotiation)' 'evidence' 'interlocutory Applications']
['civil Procedure'] ['costs' 'privilege (legal and Negotiation)' 'evidence' 'interlocutory Applications']

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Procedural Posture

Class 4 Civil Proceedings / Determination of Costs Following Successful Interlocutory Voir Dire on Privilege Claims

Legal Issues

  1. 1 ['Whether costs should follow the event or be costs in the cause for a successful voir dire determining privilege claims over documents in Class 4 proceedings' 'Appropriate characterisation of a voir dire within proceedings for purposes of applying Rules on costs' 'Whether ruling on the voir dire finally determined substantive rights such that costs should be awarded immediately']

Ratio Decidendi

Where a voir dire finally determines a discrete and substantive issue (namely, privilege over documents) within proceedings, and the successful party has achieved a complete outcome on that issue, the court may in its discretion order costs immediately in favour of the successful party, displacing the default rule that such costs be costs in the cause (r 42.7 UCPR).

Court Disposition

Verde Terra parties to pay the Council's costs of the voir dire; exhibits to be returned.

Orders

  • ["The Verde Terra parties are to pay the Council's costs of the voir dire." 'The exhibits are to be returned.']