Bird v Anambah Land Pty Ltd (No 2) [2016] NSWSC 1552

Bird v Anambah Land Pty Ltd (No 2) [2016] NSWSC 1552

The costs order made on 9 February 2016 as to payment of the 'costs of the proceedings' does not include costs incurred for the Parties' Meeting, mediation, or expert determination, as these were governed by separate agreements and were not ordered or incorporated by the Court into the definition of proceedings' costs.

Parties
Plaintiff: Deborah Michelle Bird; Defendant: Anambah Land Pty Ltd
Jurisdiction
Australia
Judgment Date
02 November 2016
Procedural Posture
Application for Declaration Regarding Construction of Costs Order / Post Judgment Clarification of Costs Order
Outcome
Declaration granted; costs order in favour of plaintiff for this application.
Legal Topics
Costs Orders, Declaratory Relief, Interpretation of Previous Court Orders, Mediation and Expert Determination Costs
Equity Practice and Procedure Costs Orders Declaratory Relief Interpretation of Previous Court Orders Mediation and Expert Determination Costs

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Parties

Deborah Michelle Bird

Plaintiff

Anambah Land Pty Ltd

Defendant

Procedural Posture

Application for Declaration Regarding Construction of Costs Order / Post Judgment Clarification of Costs Order

Legal Issues

  1. 1 Whether the court should declare the proper construction of a previous costs order
  2. 2 Whether 'costs of the proceedings' includes costs of mediation, expert determination, or parties' meeting

Ratio Decidendi

The costs order made on 9 February 2016 as to payment of the 'costs of the proceedings' does not include costs incurred for the Parties' Meeting, mediation, or expert determination, as these were governed by separate agreements and were not ordered or incorporated by the Court into the definition of proceedings' costs.

Court Disposition

Declaration granted; costs order in favour of plaintiff for this application.

Orders

  • Declare that the costs order of 9 February 2016 does not include the costs of the mediation and expert determination, or of the Parties' Meeting.
  • Order that the defendant pay the plaintiff's costs of this application.