Visser v Department of Customer Service (No 2) [2021] NSWLEC 114

Visser v Department of Customer Service (No 2) [2021] NSWLEC 114

Tahmoor Coal Pty Ltd must pay the Applicants' costs for both the amended notice of motion and the subsequent costs application because the Applicants acted reasonably in resisting joinder, were vindicated in their position, and are entitled to costs under s 98 of the Civil Procedure Act 2005 (NSW), with no disentitling conduct and no applicable rule preventing an order for costs.

Jurisdiction
Australia
Judgment Date
21 October 2021
Procedural Posture
Appeal Regarding Compensation Under Coal Mine Subsidence Compensation Act 2017 (nsw) / Costs Determination Following Unsuccessful Joinder Application
Outcome
Tahmoor Coal Pty Ltd ordered to pay the Applicants' costs for both the amended notice of motion and the related costs application.
Legal Topics
['costs' 'joinder of Parties' 'mine Subsidence Compensation' 'statutory Compensation Schemes']
['compensation Law' 'mining Law' 'civil Procedure'] ['costs' 'joinder of Parties' 'mine Subsidence Compensation' 'statutory Compensation Schemes']

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Procedural Posture

Appeal Regarding Compensation Under Coal Mine Subsidence Compensation Act 2017 (nsw) / Costs Determination Following Unsuccessful Joinder Application

Legal Issues

  1. 1 ["Whether Tahmoor Coal Pty Ltd should pay the Applicants' costs following its unsuccessful application for joinder as a party under s 16 of the Coal Mine Subsidence Compensation Act 2017 (NSW)" 'What statutory and procedural rules govern costs in these proceedings']

Ratio Decidendi

Tahmoor Coal Pty Ltd must pay the Applicants' costs for both the amended notice of motion and the subsequent costs application because the Applicants acted reasonably in resisting joinder, were vindicated in their position, and are entitled to costs under s 98 of the Civil Procedure Act 2005 (NSW), with no disentitling conduct and no applicable rule preventing an order for costs.

Court Disposition

Tahmoor Coal Pty Ltd ordered to pay the Applicants' costs for both the amended notice of motion and the related costs application.

Orders

  • ["Tahmoor Coal Pty Ltd must pay the Applicants' costs of the amended notice of motion dated 23 July 2021 within 28 days of agreement or assessment." "Tahmoor Coal Pty Ltd must pay the Applicants' costs of the costs application following the amended notice of motion referred to in Order 1 within 28 days of agreement...