Meadth v Nye [2024] NSWSC 1637

Meadth v Nye [2024] NSWSC 1637

The plaintiffs' limited success on some issues and the defendants' contrary conduct were not sufficient to displace the usual order for costs, particularly in light of an early Calderbank offer made by the defendants which, if accepted, would have avoided significant costs. However, indemnity costs were not awarded due to the defendants’ behaviour and the partial success of the plaintiffs.

Parties
First Plaintiff: Alexandra Meadth; Second Plaintiff: Medhat Eleisawy; First Defendant: Arthur Nye; Second Defendant: Alisa Nye
Jurisdiction
Australia
Judgment Date
18 December 2024
Procedural Posture
Equity / Costs Determination After Substantive Judgment
Outcome
Plaintiffs are to pay the defendants' costs of the proceedings on an ordinary basis.
Legal Topics
Costs Order, Nuisance, Jurisdiction, Calderbank Offer, Apportionment of Costs
Costs Costs Order Nuisance Jurisdiction Calderbank Offer Apportionment of Costs

Case Brief

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Parties

Alexandra Meadth

First Plaintiff

Medhat Eleisawy

Second Plaintiff

Arthur Nye

First Defendant

Alisa Nye

Second Defendant

Procedural Posture

Equity / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether costs should be apportioned given partial success of plaintiffs
  2. 2 Whether indemnity costs should be awarded due to plaintiffs' rejection of Calderbank offer
  3. 3 Whether the usual order for costs should be displaced

Ratio Decidendi

The plaintiffs' limited success on some issues and the defendants' contrary conduct were not sufficient to displace the usual order for costs, particularly in light of an early Calderbank offer made by the defendants which, if accepted, would have avoided significant costs. However, indemnity costs were not awarded due to the defendants’ behaviour and the partial success of the plaintiffs.

Court Disposition

Plaintiffs are to pay the defendants' costs of the proceedings on an ordinary basis.

Orders

  • The plaintiffs are to pay the defendants' costs of the proceedings on an ordinary basis.