Maloney v Cowra Shire Council [2000] NSWLEC 107

Maloney v Cowra Shire Council [2000] NSWLEC 107

A special order as to costs is justified where the claim failed on a major issue (roadworks), even if other heads succeeded. In light of the applicants' partial success, the court apportioned costs: full costs up to mediation, and one third after, reflecting the issues and time spent at hearing.

Parties
Applicant: Gregory Ross Maloney; Applicant: Pamela Irene Maloney; Respondent: Cowra Shire Council
Jurisdiction
Australia
Judgment Date
08 June 2000
Procedural Posture
Compensation Claim—compulsory Land Acquisition / Post Judgment—determination of Costs
Outcome
Partial costs order in favour of the applicants; costs apportioned due to partial success.
Legal Topics
Compulsory Acquisition, Costs in Compensation Proceedings
Compensation Law Property Law Compulsory Acquisition Costs in Compensation Proceedings

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Parties

Gregory Ross Maloney

Applicant

Pamela Irene Maloney

Applicant

Cowra Shire Council

Respondent

Procedural Posture

Compensation Claim—compulsory Land Acquisition / Post Judgment—determination of Costs

Legal Issues

  1. 1 Whether the applicants are entitled to costs in full where only partially successful in claim for compensation for land resumed
  2. 2 How to apportion costs when applicant not wholly successful

Ratio Decidendi

A special order as to costs is justified where the claim failed on a major issue (roadworks), even if other heads succeeded. In light of the applicants' partial success, the court apportioned costs: full costs up to mediation, and one third after, reflecting the issues and time spent at hearing.

Court Disposition

Partial costs order in favour of the applicants; costs apportioned due to partial success.

Orders

  • The respondent is ordered to pay the applicants' costs up to and including 2 April 1998.
  • The respondent is ordered to pay one third of the applicants' costs after 2 April 1998.