Koompahtoo Local Aboriginal Land Council v KLALC Property and Investment Pty Ltd & Anor (No 2) [2006] NSWSC 885

Koompahtoo Local Aboriginal Land Council v KLALC Property and Investment Pty Ltd & Anor (No 2) [2006] NSWSC 885

Because the Council's and Paramount's cross-claims fell away as a result of LKM Capital Ltd failing to establish an entitlement to a monetary judgment against the Council, the parties' entitlements to costs were equally poised; in the exercise of discretion, the appropriate order was no order as to costs.

Jurisdiction
Australia
Judgment Date
05 September 2006
Procedural Posture
Costs Determination in Cross Claims / Ex Tempore Judgment
Outcome
No order as to costs in either cross-claims.
Legal Topics
['costs of Cross Claims' 'dismissal of Cross Claims' 'bullock Order']
['civil Procedure' 'costs'] ['costs of Cross Claims' 'dismissal of Cross Claims' 'bullock Order']

Case Brief

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Procedural Posture

Costs Determination in Cross Claims / Ex Tempore Judgment

Legal Issues

  1. 1 ['What costs order should be made between rival cross-claimants where both cross-claims fell away after LKM Capital Ltd failed to establish an entitlement to a monetary judgment against Koompahtoo Local Aboriginal Land Council.']

Ratio Decidendi

Because the Council's and Paramount's cross-claims fell away as a result of LKM Capital Ltd failing to establish an entitlement to a monetary judgment against the Council, the parties' entitlements to costs were equally poised; in the exercise of discretion, the appropriate order was no order as to costs.

Court Disposition

No order as to costs in either cross-claims.

Orders

  • ['The third cross-claim by Paramount Land Pty Ltd was dismissed.' 'The second cross-claim by Koompahtoo Local Aboriginal Land Council against Paramount Land Pty Ltd was to be dismissed.' 'No order as to costs in either cross-claims.']