Murray v Valaire [2001] NSWLEC 57

Murray v Valaire [2001] NSWLEC 57

Material, including affidavits filed in the proceeding, is inadmissible for the purposes of a costs application where the principal proceedings have not been determined, as the court must not assess the strength or weakness of the case in a hypothetical fashion; only the comparison of claims for relief and the result of the litigation is relevant.

Parties
Applicant: Craig Murray; Respondent: Trevor Valaire
Jurisdiction
Australia
Judgment Date
29 January 2001
Procedural Posture
Application for Costs / Evidentiary Ruling Before Costs Determination
Outcome
Tender of objectionable material rejected
Legal Topics
Costs, Admissibility of Evidence
Civil Procedure Costs Admissibility of Evidence

Case Brief

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Parties

Craig Murray

Applicant

Trevor Valaire

Respondent

Procedural Posture

Application for Costs / Evidentiary Ruling Before Costs Determination

Legal Issues

  1. 1 Admissibility of evidentiary material in application for costs where proceedings not determined
  2. 2 Scope of material relevant to costs application under Land and Environment Court Rules 1996 Pt 15 r 7

Ratio Decidendi

Material, including affidavits filed in the proceeding, is inadmissible for the purposes of a costs application where the principal proceedings have not been determined, as the court must not assess the strength or weakness of the case in a hypothetical fashion; only the comparison of claims for relief and the result of the litigation is relevant.

Court Disposition

Tender of objectionable material rejected

Orders

  • The applicant's tender of the bundle of documents to which objection is made is rejected.