Christopher & Mary Borg v Sam & Jan Ellul [2006] NSWLEC 620

Christopher & Mary Borg v Sam & Jan Ellul [2006] NSWLEC 620

Both parties acted reasonably in commencing and maintaining the proceedings, and the matter was resolved by compromise without clear surrender or victory. Applying the discretion, and in the absence of disentitling conduct, the just outcome is that each party pay its own costs.

Parties
Applicants: Christopher and Mary Borg; Respondents: Sam and Jan Ellul
Jurisdiction
Australia
Judgment Date
03 August 2006
Procedural Posture
Civil Enforcement Proceedings / Costs Following Consent Orders on Substantive Issues
Outcome
Each party to pay its own costs. Consent orders made as proposed.
Legal Topics
Costs, Consent Orders
Civil Procedure Costs Consent Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Christopher and Mary Borg

Applicants

Sam and Jan Ellul

Respondents

Procedural Posture

Civil Enforcement Proceedings / Costs Following Consent Orders on Substantive Issues

Legal Issues

  1. 1 Whether either party should be awarded costs where the substantive dispute was resolved by consent and both parties claim costs.

Ratio Decidendi

Both parties acted reasonably in commencing and maintaining the proceedings, and the matter was resolved by compromise without clear surrender or victory. Applying the discretion, and in the absence of disentitling conduct, the just outcome is that each party pay its own costs.

Court Disposition

Each party to pay its own costs. Consent orders made as proposed.

Orders

  • Each party is to pay its own costs.
  • Consent orders as proposed are made.