Hanave Pty Ltd v Nomad Sydney Pty Ltd [2024] NSWSC 624

Hanave Pty Ltd v Nomad Sydney Pty Ltd [2024] NSWSC 624

As the proceedings were discontinued or dismissed before a final hearing on the merits, and neither party achieved a substantial victory or acted so unreasonably as to warrant a costs order, nor was there a marked difference in reasonableness of conduct that could be determined without a trial of disputed facts, the proper exercise of the costs discretion is to make no order as to costs.

Jurisdiction
Australia
Judgment Date
24 May 2024
Procedural Posture
Proceedings for Interlocutory and Final Relief Relating to Compliance With a Fire Safety Order / Post Hearing; Costs Application Following Discontinuance or Dismissal Before Final Hearing on the Merits
Outcome
Summons dismissed. No order as to costs; each party bears its own costs of the proceedings.
Legal Topics
['costs' 'fire Safety Orders' 'landlord and Tenant' 'court Discretion as to Costs']
['equity' 'real Property'] ['costs' 'fire Safety Orders' 'landlord and Tenant' 'court Discretion as to Costs']

Case Brief

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Procedural Posture

Proceedings for Interlocutory and Final Relief Relating to Compliance With a Fire Safety Order / Post Hearing; Costs Application Following Discontinuance or Dismissal Before Final Hearing on the Merits

Legal Issues

  1. 1 ['Appropriate costs order when proceedings discontinued or dismissed without hearing on the merits' 'Whether either party acted unreasonably or achieved substantial success warranting costs order']

Ratio Decidendi

As the proceedings were discontinued or dismissed before a final hearing on the merits, and neither party achieved a substantial victory or acted so unreasonably as to warrant a costs order, nor was there a marked difference in reasonableness of conduct that could be determined without a trial of disputed facts, the proper exercise of the costs discretion is to make no order as to costs.

Court Disposition

Summons dismissed. No order as to costs; each party bears its own costs of the proceedings.

Orders

  • ['The summons be dismissed.' 'No order as to costs, with the intention that each party bears its own costs of the proceedings.']