Gordon and Anor v Lever [2019] NSWSC 571

The Court found that the Defendants' conduct did not amount to unreasonable or unfair litigation behaviour sufficient to displace the general rule under s 88K(5), thus ordering the Plaintiffs to pay the Defendants’ costs on an ordinary basis for both sets of proceedings.

Jurisdiction: Australia
Judgment Date: 17 May 2019
Procedural Posture: Costs Application Following Judgment Under S 88 K of Conveyancing Act 1919 (nsw) / Post Trial Costs Determination
Outcome: Plaintiffs to pay Defendants’ costs on an ordinary basis for both sets of proceedings.
Legal Topics: ['easements' 'costs Assessment' 'discretionary Costs Orders' 's 88 K of Conveyancing Act 1919 (nsw)']

['property Law' 'civil Procedure'] ['easements' 'costs Assessment' 'discretionary Costs Orders' 's 88 K of Conveyancing Act 1919 (nsw)']

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Procedural Posture

Costs Application Following Judgment Under S 88 K of Conveyancing Act 1919 (nsw) / Post Trial Costs Determination

Legal Issues

1 ['Whether the Plaintiffs should be ordered to pay the Defendants’ costs under s 88K(5) of the Conveyancing Act 1919 (NSW) or whether a contrary order is justified due to alleged unreasonable conduct by the Defendants']

Ratio Decidendi

Court Disposition

Plaintiffs to pay Defendants’ costs on an ordinary basis for both sets of proceedings.

Orders

["The Plaintiffs shall pay the Defendants' costs on an ordinary basis for both the 2017 and 2018 proceedings."]