Capar v SPG Investments Pty Ltd t/as Lidcombe Power Centre (No 2) [2021] NSWCA 77

Capar v SPG Investments Pty Ltd t/as Lidcombe Power Centre (No 2) [2021] NSWCA 77

Due to lack of compliance with Court directions and failure to reach agreement, the proper course is to finalise proceedings by entering orders for costs: first and second respondents to pay appellant's costs; no order as to costs between appellant and third respondent; no order as to costs of cross-claims.

Jurisdiction
Australia
Judgment Date
04 May 2021
Procedural Posture
Appeal / Final Orders on Costs Following Principal Judgment and Consent Orders
Outcome
Orders on costs entered to bring proceedings to finality.
Legal Topics
['appeal' 'costs' 'orders by Consent' 'orders in Default of Agreement']
['practice and Procedure'] ['appeal' 'costs' 'orders by Consent' 'orders in Default of Agreement']

Case Brief

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Procedural Posture

Appeal / Final Orders on Costs Following Principal Judgment and Consent Orders

Legal Issues

  1. 1 ['Determination of costs in proceedings between appellant and respondents after principal judgment and consent orders']

Ratio Decidendi

Due to lack of compliance with Court directions and failure to reach agreement, the proper course is to finalise proceedings by entering orders for costs: first and second respondents to pay appellant's costs; no order as to costs between appellant and third respondent; no order as to costs of cross-claims.

Court Disposition

Orders on costs entered to bring proceedings to finality.

Orders

  • ["The first and second respondents are to pay the appellant's costs of the proceedings in this Court and the Court below." 'No order as to the costs as between the appellant and the third respondent in this Court or the Court below.' 'No order as to the costs of the cross-claims in the Court below.']