Fairfield City Council v Bastow Civil Constructions Pty Ltd (No 2) [2023] NSWSC 1216

Fairfield City Council v Bastow Civil Constructions Pty Ltd (No 2) [2023] NSWSC 1216

Bastow maintained the outcome it obtained before the Magistrate, and the issues were not so separable as to justify departing from the ordinary rule that costs follow the event; therefore, Council is ordered to pay Bastow's costs of the Summons.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 October 2023
Procedural Posture
Civil / Post Judgment (costs)
Outcome
Plaintiff is to pay the defendant's costs of the Summons.
Legal Topics
['costs' 'party/party Costs' 'appeals' 'apportionment of Costs']
['civil Procedure'] ['costs' 'party/party Costs' 'appeals' 'apportionment of Costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Judgment (costs)

Legal Issues

  1. 1 ['Whether to depart from the general rule that costs follow the event when parties have mixed success' 'Whether costs should be apportioned by issue or event']

Ratio Decidendi

Bastow maintained the outcome it obtained before the Magistrate, and the issues were not so separable as to justify departing from the ordinary rule that costs follow the event; therefore, Council is ordered to pay Bastow's costs of the Summons.

Court Disposition

Plaintiff is to pay the defendant's costs of the Summons.

Orders

  • ["The plaintiff is to pay the defendant's costs of the Summons."]