Moussa v Camden Council (No.2) [2021] NSWSC 1145

Moussa v Camden Council (No.2) [2021] NSWSC 1145

Costs should follow the event for interlocutory applications; as the Cornish Group succeeded in its Notice of Motion and the Plaintiff’s conduct in resisting was unreasonable, the Plaintiff should pay the Cornish Group’s costs. Camden Council, not being directly involved or affected by the Motion, should pay its own costs.

Parties
Plaintiff: Danny Marielle Moussa; Defendant 1: Camden Council; Defendant 2: Cornish Group Spring Farm Pty Ltd; Defendant 3: Smec Testing Services Pty Ltd (In Liquidation); Defendant 4: Smects Holdings Pty Ltd
Jurisdiction
Australia
Judgment Date
10 September 2021
Procedural Posture
Proceedings With Notice of Motion for Costs (interlocutory) / Post Interlocutory Costs Determination
Outcome
Plaintiff ordered to pay Second Defendant’s costs of the Notice of Motion; Camden Council to pay its own costs.
Legal Topics
Costs, Interlocutory Applications, Orders for Costs, Civil Litigation
Civil Procedure Costs Interlocutory Applications Orders for Costs Civil Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Danny Marielle Moussa

Plaintiff

Camden Council

Defendant 1

Cornish Group Spring Farm Pty Ltd

Defendant 2

Smec Testing Services Pty Ltd (In Liquidation)

Defendant 3

Smects Holdings Pty Ltd

Defendant 4

Procedural Posture

Proceedings With Notice of Motion for Costs (interlocutory) / Post Interlocutory Costs Determination

Legal Issues

  1. 1 Whether costs of the Notice of Motion filed 20 July 2021 should follow the event.
  2. 2 Interpretation and application of r 42.7 and r 42.1 of the Uniform Civil Procedure Rules 2005 regarding interlocutory costs.

Ratio Decidendi

Costs should follow the event for interlocutory applications; as the Cornish Group succeeded in its Notice of Motion and the Plaintiff’s conduct in resisting was unreasonable, the Plaintiff should pay the Cornish Group’s costs. Camden Council, not being directly involved or affected by the Motion, should pay its own costs.

Court Disposition

Plaintiff ordered to pay Second Defendant’s costs of the Notice of Motion; Camden Council to pay its own costs.

Orders

  • Order the plaintiff to pay Cornish Group Spring Farm Pty Ltd's costs of the Notice of Motion filed 20 July 2021.
  • Order Camden Council to pay its own costs of that Notice of Motion.