Lord v McMahon (No. 5) [2017] NSWSC 819

Given the parties' partial success and partial failure on complex interrelated issues, and the inefficiency/impossibility of proportioning costs issue-by-issue, a global costs order is appropriate. The defendant, Mr McMahon, is to pay 40% of the plaintiff's costs, reflecting Mrs Lord's overall success discounted for her failures and the hearing time spent on issues she lost.

Parties: Plaintiff: Heather Lord; Defendant: Stephen McMahon
Jurisdiction: Australia
Judgment Date: 03 July 2017
Procedural Posture: Civil / Post Final Relief, Costs Determination
Outcome: Global costs order; defendant ordered to pay 40% of plaintiff's costs.
Legal Topics: Costs, Nuisance, Trespass, Proprietary Estoppel, Encroachment of Buildings

Equity Costs Nuisance Trespass Proprietary Estoppel Encroachment of Buildings

Case Brief

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Parties

Heather Lord

Plaintiff

Stephen McMahon

Defendant

Procedural Posture

Civil / Post Final Relief, Costs Determination

Legal Issues

1 Appropriate order for costs given partial success and failure by both parties
2 Whether successful issues are severable for separate costs orders
3 Application of 'costs follow the event' principle given mixed outcomes

Ratio Decidendi

Court Disposition

Global costs order; defendant ordered to pay 40% of plaintiff's costs.

Orders

The defendant pay 40% of the plaintiff's costs of these proceedings incurred up to but not including 3 July 2017.
Costs for actions from 3 July 2017 onwards are reserved; parties may apply for such costs depending on future course.