Clarke v Clarke [2023] NSWSC 802

Clarke v Clarke [2023] NSWSC 802

As the competing notices of motion were resolved by compromise without determination on their merits and absent sufficiently unreasonable conduct by either party, the proper order is that each party bear their own costs of those motions in accordance with Lai Qin principles.

Jurisdiction
Australia
Judgment Date
10 July 2023
Procedural Posture
Equity Proceedings / Interlocutory, Post Settlement Costs Order
Outcome
No order as to costs of the specified notices of motion; all parties to bear their own costs of those notices.
Legal Topics
['costs in Interlocutory Proceedings' 'application of Lai Qin Principles']
['equity'] ['costs in Interlocutory Proceedings' 'application of Lai Qin Principles']

Case Brief

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Procedural Posture

Equity Proceedings / Interlocutory, Post Settlement Costs Order

Legal Issues

  1. 1 ['What is the appropriate order as to costs following the dismissal by consent of competing notices of motion in interlocutory proceedings resolved by compromise?']

Ratio Decidendi

As the competing notices of motion were resolved by compromise without determination on their merits and absent sufficiently unreasonable conduct by either party, the proper order is that each party bear their own costs of those motions in accordance with Lai Qin principles.

Court Disposition

No order as to costs of the specified notices of motion; all parties to bear their own costs of those notices.

Orders

  • ["Order that there be no order as to costs of the defendants' notice of motion filed on 23 December 2022 and the plaintiffs' notice of motion filed on 31 January 2023, with the intent that all parties bear their own costs of those notices of motion."]