Nguyen v Grippaudo [2017] NSWSC 1209

Nguyen v Grippaudo [2017] NSWSC 1209

No order as to costs was appropriate because, in circumstances where there was no determination on the merits and the second defendant had no interest in the substantive dispute, requiring him to pay costs would be inappropriate.

Jurisdiction
Australia
Judgment Date
04 September 2017
Procedural Posture
Equity / Declarations and Orders by Consent; No Order as to Costs
Outcome
Declarations and orders made by consent; no order as to costs.
Legal Topics
['costs—final Decision Not Made on Merits' 'offer to Settle—party Required to Approach Court' 'costs Where Dispute Resolved by Consent' 'party Obliged to Be Joined But No Real Interest in Merits']
['equity' 'costs'] ['costs—final Decision Not Made on Merits' 'offer to Settle—party Required to Approach Court' 'costs Where Dispute Resolved by Consent' 'party Obliged to Be Joined But No Real Interest in Merits']

Case Brief

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Procedural Posture

Equity / Declarations and Orders by Consent; No Order as to Costs

Legal Issues

  1. 1 ['Whether costs should follow the event when no hearing on the merits' 'Whether the court should determine unresolved factual or legal questions only as they affect costs']

Ratio Decidendi

No order as to costs was appropriate because, in circumstances where there was no determination on the merits and the second defendant had no interest in the substantive dispute, requiring him to pay costs would be inappropriate.

Court Disposition

Declarations and orders made by consent; no order as to costs.

Orders

  • ['Declarations made in terms of paragraphs 1, 3, 4, 5, 6, 7 and 8 of the short minutes of order initialled and dated 4 September 2017' 'Orders made as per paragraphs 2 and 9 of the short minutes of order' 'No order as to costs' "Plaintiff's affidavit exhibit to be handed back"]