J. K. Williams Staff Pty Ltd v Sydney Water Corporation (No 2) [2020] NSWSC 336

J. K. Williams Staff Pty Ltd v Sydney Water Corporation (No 2) [2020] NSWSC 336

Neither party should receive an immediate costs order in its favour. The plaintiff could not depart after judgment from the costs order sought in its notice of motion, the defendant's opposition to transfer was reasonable, and the transfer criteria required the Court to exercise judgment with the benefit of a contradictor. Conversely, the defendant was unsuccessful, the plaintiff's delay did not cause additional costs because separate proceedings and a transfer application were an inevitable consequence of divided jurisdiction, and the Land and Environment Court had sufficient power to deal with any costs thrown away. The proper order was that the costs of the transfer application be the...

Jurisdiction
Australia
Judgment Date
01 April 2020
Procedural Posture
Costs in Interlocutory Transfer Application / On the Papers After Transfer Order
Outcome
The Court made an additional order that the costs of the transfer application be the parties' costs in the cause.
Legal Topics
['party/party Costs' 'costs in the Cause' 'interlocutory Proceedings' 'transfer of Proceedings to the Land and Environment Court']
['civil Procedure' 'costs' 'environment and Planning Jurisdiction'] ['party/party Costs' 'costs in the Cause' 'interlocutory Proceedings' 'transfer of Proceedings to the Land and Environment Court']

Case Brief

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Procedural Posture

Costs in Interlocutory Transfer Application / On the Papers After Transfer Order

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs of the transfer application because the plaintiff was successful." "Whether the plaintiff should pay the defendant's costs of the transfer application." 'Whether the transfer order should be made conditional upon the plaintiff giving an undertaking to submit to any order made by the Land and Environment Court as to costs thrown away by the transfer.' "Whether the costs of the transfer application should be the parties' costs in the cause."]

Ratio Decidendi

Neither party should receive an immediate costs order in its favour. The plaintiff could not depart after judgment from the costs order sought in its notice of motion, the defendant's opposition to transfer was reasonable, and the transfer criteria required the Court to exercise judgment with the benefit of a contradictor. Conversely, the defendant was unsuccessful, the plaintiff's delay did not cause additional costs because separate proceedings and a transfer application were an inevitable consequence of divided jurisdiction, and the Land and Environment Court had sufficient power to deal with any costs thrown away. The proper order was that the costs of the transfer application be the...

Court Disposition

The Court made an additional order that the costs of the transfer application be the parties' costs in the cause.

Orders

  • ["Order that the costs of the transfer application be the parties' costs in the cause."]