Wargent v Bellamax Investments [2011] NSWSC 1461

The Defendants' conduct in failing to comply with court directions between 24 December 2010 and 8 June 2011 was unreasonable, justifying an award of costs to the Plaintiff for that period, but thereafter both parties' conduct was reasonable and no order is made as to costs.

Parties: Plaintiff: Gloria Rosemary Wargent; First Defendant: Bellamax Investments Pty Limited; Second Defendant: Muswellbrook Shire Council
Jurisdiction: Australia
Judgment Date: 01 December 2011
Procedural Posture: Civil / Cost Application After Settlement Without Hearing on Merits
Outcome: Partial award of costs to Plaintiff
Legal Topics: Costs, Settlement, Discretionary Cost Orders, Resolution Without Hearing on Merits

Civil Procedure Costs Settlement Discretionary Cost Orders Resolution Without Hearing on Merits

Case Brief

Summary, issues, holding and outcome

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Parties

Gloria Rosemary Wargent

Plaintiff

Bellamax Investments Pty Limited

First Defendant

Muswellbrook Shire Council

Second Defendant

Procedural Posture

Civil / Cost Application After Settlement Without Hearing on Merits

Legal Issues

1 Whether costs should be awarded where matter resolved without hearing on the merits
2 Reasonableness of conduct of parties in settlement negotiations
3 Applicability of 'costs follow the event' rule where no event determined

Ratio Decidendi

Court Disposition

Partial award of costs to Plaintiff

Orders

Defendants to pay Plaintiff's costs between 24 December 2010 and 8 June 2011, calculated on the ordinary basis.
No order for costs thereafter, including hearing of the costs application; each party to pay its own costs.