Mendonca v Legal Services Commissioner (No 2) [2020] NSWCA 145

Mendonca v Legal Services Commissioner (No 2) [2020] NSWCA 145

The general rule that costs follow the event applies; as the application was dismissed, no basis exists to vary the costs order, particularly as validating legislation resolved the complained-of defect before the appeal was heard.

Jurisdiction
Australia
Judgment Date
16 July 2020
Procedural Posture
Appeal (costs Application) / Post Dismissal Motion to Vary Costs Order
Outcome
Motion to vary costs order dismissed with costs.
Legal Topics
['costs' 'appeals' 'party/party Costs' 'general Rule: Costs Follow the Event']
['civil Procedure'] ['costs' 'appeals' 'party/party Costs' 'general Rule: Costs Follow the Event']

Case Brief

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Procedural Posture

Appeal (costs Application) / Post Dismissal Motion to Vary Costs Order

Legal Issues

  1. 1 ["Whether the costs order dismissing the application for leave to appeal with costs should be varied so that the respondent pays the applicant's costs or each party bear their own costs"]

Ratio Decidendi

The general rule that costs follow the event applies; as the application was dismissed, no basis exists to vary the costs order, particularly as validating legislation resolved the complained-of defect before the appeal was heard.

Court Disposition

Motion to vary costs order dismissed with costs.

Orders

  • ['The motion dated 19 May 2020 is dismissed with costs.']