Contara Pty Ltd v Sydney Metro (No 2) [2024] NSWLEC 45

Contara Pty Ltd v Sydney Metro (No 2) [2024] NSWLEC 45

Weighing the negotiation history, the need for documents for a s 34 conference, and the lack of evidence of unnecessary delay or expense, the Court is not satisfied that there was improper conduct by the Applicant justifying a costs penalty; costs should be in the cause.

Jurisdiction
Australia
Judgment Date
02 May 2024
Procedural Posture
Class 3 Compulsory Acquisition Compensation / Costs Determination on Interlocutory Motion
Outcome
Costs in the cause
Legal Topics
['compulsory Acquisition' 'costs Orders' 'notices to Produce']
['land and Environment' 'compensation' 'costs'] ['compulsory Acquisition' 'costs Orders' 'notices to Produce']

Case Brief

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Procedural Posture

Class 3 Compulsory Acquisition Compensation / Costs Determination on Interlocutory Motion

Legal Issues

  1. 1 ["Appropriate costs order in respect of the Respondent's notice of motion to dismiss notices to produce in compulsory acquisition claim"]

Ratio Decidendi

Weighing the negotiation history, the need for documents for a s 34 conference, and the lack of evidence of unnecessary delay or expense, the Court is not satisfied that there was improper conduct by the Applicant justifying a costs penalty; costs should be in the cause.

Court Disposition

Costs in the cause

Orders

  • ["In relation to the Respondent's notice of motion dated 2 August 2023 costs are in the cause."]