Central Coast Council v Pastoral Investment Land & Loan Pty Ltd (No 2) [2020] NSWSC 1039

Central Coast Council v Pastoral Investment Land & Loan Pty Ltd (No 2) [2020] NSWSC 1039

Although the Council's late amendment application meant that additional hearing time was required and the Council failed on the amended claim, the hearing overall remained divided roughly equally between the Council's claims and PILL's claims, PILL's cross-claim had raised many claims that were abandoned or not pressed, PILL already had the benefit of existing costs orders relating to the amendments, and the Council's conduct was not unreasonable or delinquent so as to warrant indemnity costs. The appropriate exercise of the costs discretion was therefore, aside from existing costs orders, that each party bear its own costs.

Jurisdiction
Australia
Judgment Date
07 August 2020
Procedural Posture
Costs / Costs Determined on the Papers After Dismissal of the Further Amended Statement of Claim and the Cross Claim
Outcome
Aside from existing costs orders, each party is to bear its own costs of the proceedings.
Legal Topics
['costs Discretion' 'indemnity Costs' 'late Amendments' 'claim and Cross Claim Dismissed' 'costs on the Papers']
['costs' 'civil Procedure'] ['costs Discretion' 'indemnity Costs' 'late Amendments' 'claim and Cross Claim Dismissed' 'costs on the Papers']

Case Brief

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Procedural Posture

Costs / Costs Determined on the Papers After Dismissal of the Further Amended Statement of Claim and the Cross Claim

Legal Issues

  1. 1 ['Whether the foreshadowed order that each party bear its own costs should be displaced.' "Whether Central Coast Council should pay Pastoral Investment Land & Loan Pty Ltd's costs from 19 February 2020 on an indemnity basis or alternatively on the ordinary basis because of late amendments." "Whether costs incurred after 19 February 2020 were wasted costs caused by the Council's late amendment application."]

Ratio Decidendi

Although the Council's late amendment application meant that additional hearing time was required and the Council failed on the amended claim, the hearing overall remained divided roughly equally between the Council's claims and PILL's claims, PILL's cross-claim had raised many claims that were abandoned or not pressed, PILL already had the benefit of existing costs orders relating to the amendments, and the Council's conduct was not unreasonable or delinquent so as to warrant indemnity costs. The appropriate exercise of the costs discretion was therefore, aside from existing costs orders, that each party bear its own costs.

Court Disposition

Aside from existing costs orders, each party is to bear its own costs of the proceedings.

Orders

  • ['Aside from existing costs orders, each party bear its own costs of the proceedings.']