Cosco v Hutley [2019] NSWSC 114

Cosco v Hutley [2019] NSWSC 114

As both parties acted reasonably in commencing and conducting proceedings, and the settlement was reached without a hearing on the merits, there should be no order as to costs pursuant to the principle in Lai Qin. The plaintiffs' rejection of the Calderbank offer was not unreasonable given the offer's vagueness and lack of specification regarding cost and undertakings, and therefore no special costs order is warranted.

Parties
First Plaintiff: Anthony John Cosco; Second Plaintiff: Tania Cosco; First Defendant: Vanessa Marian Hutley; Second Defendant: Anthony Gerald Forward
Jurisdiction
Australia
Judgment Date
15 February 2019
Procedural Posture
Civil / Post Settlement (resolution on Costs Only)
Outcome
No order as to costs; proceedings dismissed by consent.
Legal Topics
Costs, Party/party Costs, Proceedings Discontinued or Dismissed, Settlement of Issues Except Costs
Equity Costs Party/party Costs Proceedings Discontinued or Dismissed Settlement of Issues Except Costs

Case Brief

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Parties

Anthony John Cosco

First Plaintiff

Tania Cosco

Second Plaintiff

Vanessa Marian Hutley

First Defendant

Anthony Gerald Forward

Second Defendant

Procedural Posture

Civil / Post Settlement (resolution on Costs Only)

Legal Issues

  1. 1 Whether there should be an order as to costs where proceedings are dismissed by consent without hearing on merits and settlement resolves all issues except costs

Ratio Decidendi

As both parties acted reasonably in commencing and conducting proceedings, and the settlement was reached without a hearing on the merits, there should be no order as to costs pursuant to the principle in Lai Qin. The plaintiffs' rejection of the Calderbank offer was not unreasonable given the offer's vagueness and lack of specification regarding cost and undertakings, and therefore no special costs order is warranted.

Court Disposition

No order as to costs; proceedings dismissed by consent.

Orders

  • Proceedings dismissed.
  • Noted undertaking of the defendants regarding security cameras as per terms in record.