Fire Containment Pty Ltd v Robins (No 2) [2011] NSWSC 547

Fire Containment Pty Ltd v Robins (No 2) [2011] NSWSC 547

In the absence of a hearing on the merits, acceptance of undertakings does not constitute an 'event' for the purposes of the costs rule in Pt 42 r 42.1. There was no conduct by either party that amounted to such unreasonableness as would justify a departure from the usual position that each party bears its own costs in these circumstances.

Jurisdiction
Australia
Judgment Date
10 June 2011
Procedural Posture
Costs Application / Post Settlement (no Hearing on Merits)
Outcome
No order as to costs.
Legal Topics
['costs' 'settlement' 'discretionary Costs Orders' 'reasonableness of Conduct']
['civil Procedure'] ['costs' 'settlement' 'discretionary Costs Orders' 'reasonableness of Conduct']

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Procedural Posture

Costs Application / Post Settlement (no Hearing on Merits)

Legal Issues

  1. 1 ['Whether plaintiff entitled to costs where undertakings accepted and claim abandoned without hearing on merits' 'Whether defendants acted unreasonably so as to justify a costs order']

Ratio Decidendi

In the absence of a hearing on the merits, acceptance of undertakings does not constitute an 'event' for the purposes of the costs rule in Pt 42 r 42.1. There was no conduct by either party that amounted to such unreasonableness as would justify a departure from the usual position that each party bears its own costs in these circumstances.

Court Disposition

No order as to costs.

Orders

  • ['No order as to costs.']