Cheng v Robertson [2024] NSWLEC 1416

Cheng v Robertson [2024] NSWLEC 1416

The motion was dismissed because it was not fair or reasonable to make a costs order. The Court rejected the allegation that Mr Bridge and Ms Cheng falsified or fabricated evidence and found no basis to conclude that they acted unreasonably, commenced proceedings for an improper purpose, or commenced or continued proceedings without reasonable prospects of success. The claims for allegedly poisoned plants and driveway restoration were not recoverable under r 3.7 or within the Court's power in this motion.

Jurisdiction
Australia
Judgment Date
22 July 2024
Procedural Posture
Class 2 Costs Notice of Motion / Notice of Motion, 12 June 2024
Outcome
The motion is dismissed.
Legal Topics
['land and Environment Court Rule 3.7' 'whether Costs Are Fair and Reasonable' 'costs of Expert Reports']
['costs' 'land and Environment Court Procedure'] ['land and Environment Court Rule 3.7' 'whether Costs Are Fair and Reasonable' 'costs of Expert Reports']

Case Brief

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Procedural Posture

Class 2 Costs Notice of Motion / Notice of Motion, 12 June 2024

Legal Issues

  1. 1 ['Whether the Robertsons should be awarded costs under r 3.7 of the Land and Environment Court Rules 2007 for the arborist report and plumbers report.' 'Whether claimed compensation for allegedly poisoned plants and restoration of the driveway could be recovered under r 3.7 of the Land and Environment Court Rules 2007.' 'Whether Mr Bridge and Ms Cheng acted unreasonably, commenced proceedings for an improper purpose, or commenced or continued proceedings without reasonable prospects of success.']

Ratio Decidendi

The motion was dismissed because it was not fair or reasonable to make a costs order. The Court rejected the allegation that Mr Bridge and Ms Cheng falsified or fabricated evidence and found no basis to conclude that they acted unreasonably, commenced proceedings for an improper purpose, or commenced or continued proceedings without reasonable prospects of success. The claims for allegedly poisoned plants and driveway restoration were not recoverable under r 3.7 or within the Court's power in this motion.

Court Disposition

The motion is dismissed.

Orders

  • ['The motion is dismissed.']