Addison v The Owners – Strata Plan No. 32680 (No. 2) [2010] NSWDC 259

Addison v The Owners – Strata Plan No. 32680 (No. 2) [2010] NSWDC 259

Both parties contributed to the delays, but the degree of the plaintiff’s contribution does not warrant a costs order against him. Each party should bear its own costs relating to the notice of motion and the vacated hearing date.

Source-derived case information.

Parties
Plaintiff: Dean Andrew Addison; Defendant: The Owners – Strata Plan No. 32680
Jurisdiction
Australia
Judgment Date
11 November 2010
Procedural Posture
Civil / Post Judgment Costs Application
Outcome
Defendant's applications dismissed; each party to pay its own costs.
Legal Topics
Costs, Vacated Hearing Date, Personal Injury Proceedings
Civil Procedure Costs Vacated Hearing Date Personal Injury Proceedings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Dean Andrew Addison

Plaintiff

The Owners – Strata Plan No. 32680

Defendant

Procedural Posture

Civil / Post Judgment Costs Application

Legal Issues

  1. 1 Whether the plaintiff should pay the defendant's costs for vacating the hearing date
  2. 2 Responsibility for costs resulting from non-attendance at medical appointments
  3. 3 Failure to agree on settlement conference procedures

Ratio Decidendi

Both parties contributed to the delays, but the degree of the plaintiff’s contribution does not warrant a costs order against him. Each party should bear its own costs relating to the notice of motion and the vacated hearing date.

Court Disposition

Defendant's applications dismissed; each party to pay its own costs.

Orders

  • Defendant's application for the plaintiff to pay costs of vacating the hearing date and costs thrown away dismissed.
  • Defendant's Notice of Motion of 20 April 2010 dismissed.