Gordon v Lever (No 4) [2020] NSWCA 280

Gordon v Lever (No 4) [2020] NSWCA 280

The Court had already declined to exercise its discretion to vary the costs order as sought by the Gordons, and because costs ordinarily follow the event with no reason to depart from that position, the Notice of Motion dated 22 November 2019 was dismissed with costs.

Jurisdiction
Australia
Judgment Date
06 November 2020
Procedural Posture
Costs / Notice of Motion Dated 22 November 2019 Following Judgment on the Substantive Appeal
Outcome
Notice of Motion dated 22 November 2019 is dismissed with costs.
Legal Topics
['costs Following the Event' 'application to Vary Costs Order' 'indemnity Costs']
['costs' 'civil Procedure'] ['costs Following the Event' 'application to Vary Costs Order' 'indemnity Costs']

Case Brief

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Procedural Posture

Costs / Notice of Motion Dated 22 November 2019 Following Judgment on the Substantive Appeal

Legal Issues

  1. 1 ['Whether costs should be ordered in relation to the Notice of Motion dated 22 November 2019 seeking to vary the costs order made on the substantive appeal.']

Ratio Decidendi

The Court had already declined to exercise its discretion to vary the costs order as sought by the Gordons, and because costs ordinarily follow the event with no reason to depart from that position, the Notice of Motion dated 22 November 2019 was dismissed with costs.

Court Disposition

Notice of Motion dated 22 November 2019 is dismissed with costs.

Orders

  • ['Notice of Motion dated 22 November 2019 is dismissed with costs.']