Attard & Anor v Canal & Anor [No 2] [2005] NSWLEC 325

Attard & Anor v Canal & Anor [No 2] [2005] NSWLEC 325

Although both parties acted under a mistaken belief as to the boundary and Respondents’ refusal of offers was not unreasonable, the Applicants' offers to settle were genuine and matched the outcome. The usual rule that costs follow the event applies, tempered by the specific circumstances. Respondents are to pay half the Applicants’ costs.

Jurisdiction
Australia
Judgment Date
17 June 2005
Procedural Posture
Application for Costs / Post Judgment (costs Application)
Outcome
Respondents ordered to pay half the Applicants’ costs; each party to bear their own costs of the costs application.
Legal Topics
['costs' 'encroachment' 'boundary Adjustment']
['property Law' 'civil Procedure'] ['costs' 'encroachment' 'boundary Adjustment']

Case Brief

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Procedural Posture

Application for Costs / Post Judgment (costs Application)

Legal Issues

  1. 1 ['Whether the Applicants are entitled to costs following the event' 'Whether offers made prior to proceedings should impact the costs award' 'Whether Respondents’ conduct justifies any departure from usual costs order']

Ratio Decidendi

Although both parties acted under a mistaken belief as to the boundary and Respondents’ refusal of offers was not unreasonable, the Applicants' offers to settle were genuine and matched the outcome. The usual rule that costs follow the event applies, tempered by the specific circumstances. Respondents are to pay half the Applicants’ costs.

Court Disposition

Respondents ordered to pay half the Applicants’ costs; each party to bear their own costs of the costs application.

Orders

  • ['The Respondents are to pay half the costs of the Applicants in these proceedings.' 'Each party is to pay their own costs of the costs application heard on 16 June 2005.']