White v Lachlan Shire Council (No 2) [2017] NSWDC 142

White v Lachlan Shire Council (No 2) [2017] NSWDC 142

The plaintiff was ordered to pay the defendant’s additional wasted costs from the interlocutory event on 31 March 2017, as these costs were properly claimed and should have been included in an earlier costs order. The plaintiff is also to pay the defendant’s costs for the abandoned summary judgment motion, but these are payable only at the conclusion of litigation, not forthwith or on an indemnity basis, as there was no prior communication warning of adverse consequences and no compelling circumstances justifying an immediate or punitive order.

Jurisdiction
Australia
Judgment Date
13 June 2017
Procedural Posture
Civil / Interlocutory (costs Orders Following Abandoned Application for Summary Judgment and for Wasted Costs)
Outcome
Plaintiff to pay defendant's additional wasted costs and costs of abandoned motion; directions given for future conduct of proceeding; liberty to apply.
Legal Topics
['costs' 'summary Judgment' 'wasted Costs' 'interlocutory Proceedings']
['civil Procedure'] ['costs' 'summary Judgment' 'wasted Costs' 'interlocutory Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory (costs Orders Following Abandoned Application for Summary Judgment and for Wasted Costs)

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendant's additional wasted costs from interlocutory listing on 31 March 2017" 'Whether the defendant is entitled to costs from the plaintiff’s abandoned notice of motion for summary judgment']

Ratio Decidendi

The plaintiff was ordered to pay the defendant’s additional wasted costs from the interlocutory event on 31 March 2017, as these costs were properly claimed and should have been included in an earlier costs order. The plaintiff is also to pay the defendant’s costs for the abandoned summary judgment motion, but these are payable only at the conclusion of litigation, not forthwith or on an indemnity basis, as there was no prior communication warning of adverse consequences and no compelling circumstances justifying an immediate or punitive order.

Court Disposition

Plaintiff to pay defendant's additional wasted costs and costs of abandoned motion; directions given for future conduct of proceeding; liberty to apply.

Orders

  • ['Plaintiff to pay defendant’s wasted costs from interlocutory listing on 31 March 2017' 'Such costs assessed at $5500 including GST, payable within 21 days' 'Question of plaintiff’s indemnification for these costs deferred and reserved for later determination' 'Plaintiff to pay defendant’s costs of abandoned notice...