Lord v Broken Hill Cobalt Project Pty Limited [2022] NSWLEC 67

Lord v Broken Hill Cobalt Project Pty Limited [2022] NSWLEC 67

Except for the conceded deduction of $195, the disputed costs were reasonably incurred and reasonable in amount because they related to the Notice of Motion, the time spent on drafting and attendance was justified, counsel's fixed fee was reasonable, post-hearing communications with Mr Lord were reasonable, and it was not unreasonable for Mr Freidman to retain carriage of the matter. The Respondents were largely successful on the costs application and were entitled to their claimed costs of that application.

Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Class 8 Costs Application Under Ss 155(8) and 155(9) of the Mining Act 1992 (nsw) / Determined on the Papers After Notice of Motion Dismissed With Costs Reserved
Outcome
Respondents' costs as claimed ordered, with the Applicants to pay $12,925.
Legal Topics
['reasonable Costs of Review Proceedings' 'costs of Notice of Motion' 'costs of Application for Costs' 'quantum of Costs']
['costs' 'mining Law'] ['reasonable Costs of Review Proceedings' 'costs of Notice of Motion' 'costs of Application for Costs' 'quantum of Costs']

Case Brief

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Procedural Posture

Class 8 Costs Application Under Ss 155(8) and 155(9) of the Mining Act 1992 (nsw) / Determined on the Papers After Notice of Motion Dismissed With Costs Reserved

Legal Issues

  1. 1 ['Whether the costs claimed for the Notice of Motion were reasonable in amount and reasonably incurred under ss 155(8) and 155(9) of the Mining Act 1992 (NSW).' 'Whether the Respondents were entitled to recover the costs of the application for costs.']

Ratio Decidendi

Except for the conceded deduction of $195, the disputed costs were reasonably incurred and reasonable in amount because they related to the Notice of Motion, the time spent on drafting and attendance was justified, counsel's fixed fee was reasonable, post-hearing communications with Mr Lord were reasonable, and it was not unreasonable for Mr Freidman to retain carriage of the matter. The Respondents were largely successful on the costs application and were entitled to their claimed costs of that application.

Court Disposition

Respondents' costs as claimed ordered, with the Applicants to pay $12,925.

Orders

  • ['Pursuant to the provisions of s 155(8) of the Mining Act 1992 (NSW) the Applicants are to pay the Respondents costs of the Notice of Motion filed on 26 November 2021 and this application for costs in the sum of $12,925.']