HSH Australia Pty Ltd v Bayliss [2019] NSWSC 641

HSH Australia Pty Ltd v Bayliss [2019] NSWSC 641

The Court concluded that there was insufficient evidence of unreasonable conduct by either party manifest by reference to known circumstances not in dispute, and that both parties had acted reasonably in seeking to resolve a conveyancing defect through cooperation and compromise after realising the defect. The court could not determine that one party had succeeded over the other, and accordingly made no order as to costs.

Parties
Plaintiff/cross Defendant: HSH Australia Pty Ltd; Defendant/cross Claimant: Catharina Leonarda Agnes Bayliss
Jurisdiction
Australia
Judgment Date
03 June 2019
Procedural Posture
Equity / Post Settlement Application for Costs After Consent Orders
Outcome
No order as to costs. Each party to bear its own costs.
Legal Topics
Party/party Costs, Consent Orders, Unreasonable Conduct, Settlement, Discretionary Costs Power
Costs Civil Procedure Party/party Costs Consent Orders Unreasonable Conduct Settlement Discretionary Costs Power

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Parties

HSH Australia Pty Ltd

Plaintiff/cross Defendant

Catharina Leonarda Agnes Bayliss

Defendant/cross Claimant

Procedural Posture

Equity / Post Settlement Application for Costs After Consent Orders

Legal Issues

  1. 1 Whether costs should be awarded when proceedings have been settled by consent orders
  2. 2 Whether a party's conduct was unreasonable so as to justify a costs order in their disfavour

Ratio Decidendi

The Court concluded that there was insufficient evidence of unreasonable conduct by either party manifest by reference to known circumstances not in dispute, and that both parties had acted reasonably in seeking to resolve a conveyancing defect through cooperation and compromise after realising the defect. The court could not determine that one party had succeeded over the other, and accordingly made no order as to costs.

Court Disposition

No order as to costs. Each party to bear its own costs.

Orders

  • As to the costs of these proceedings, the Court makes no order, with the intent that the parties shall bear their own costs.