Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 1383

Meadowlands BFT Pty Ltd v Shoalhaven City Council [2021] NSWSC 1383

It is appropriate to order costs in a gross sum of $180,000 in favour of Shoalhaven City Council due to the failure of Meadowlands’ claim, success of the Council’s cross-claim, Meadowlands’ probable inability to pay, history of non-participation, and significant and reasonable legal costs incurred by the Council.

Jurisdiction
Australia
Judgment Date
29 October 2021
Procedural Posture
Civil / Costs Determination Following Substantive Orders
Outcome
Costs awarded to defendant, proceedings dismissed
Legal Topics
['gross Sum Costs Order' 'costs Following the Event' 'assessment of Costs']
['costs'] ['gross Sum Costs Order' 'costs Following the Event' 'assessment of Costs']

Case Brief

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Procedural Posture

Civil / Costs Determination Following Substantive Orders

Legal Issues

  1. 1 ['Whether the defendant is entitled to an order for costs in a gross sum instead of assessed costs' 'Whether costs should follow the event given the outcome of claim and cross-claim' 'Whether a gross sum costs order is appropriate in the circumstances']

Ratio Decidendi

It is appropriate to order costs in a gross sum of $180,000 in favour of Shoalhaven City Council due to the failure of Meadowlands’ claim, success of the Council’s cross-claim, Meadowlands’ probable inability to pay, history of non-participation, and significant and reasonable legal costs incurred by the Council.

Court Disposition

Costs awarded to defendant, proceedings dismissed

Orders

  • ["The plaintiff pay the defendant's costs of the proceedings in the gross sum of $180,000.00." 'The proceedings be otherwise dismissed.']