Hornsby Shire Council v Valuer General of NSW & Ors [2008] NSWSC 1281

Hornsby Shire Council v Valuer General of NSW & Ors [2008] NSWSC 1281

Since the second, third and fourth defendants actively opposed the plaintiff's application for access to documents and their claims of confidentiality were not warranted, they must bear the plaintiff's costs of and incidental to the summons; the first defendant to pay the plaintiff's costs up to the change of position, with each party thereafter to bear its own costs; the plaintiff to pay the costs of preliminary discovery itself.

Parties
Plaintiff: Hornsby Shire Council; First Defendant: Valuer General of New South Wales; Second Defendant: Brian Nicholson; Third Defendant: Alcorn Corbin Nicholson Pty Ltd; Fourth Defendant: CSR Ltd
Jurisdiction
Australia
Judgment Date
02 December 2008
Procedural Posture
Costs Application Following Preliminary Discovery / Post Hearing, Determination of Costs
Outcome
Costs orders made in favour of the plaintiff against the second, third and fourth defendants for the summons; partial costs against the first defendant; plaintiff to pay defendants' costs of preliminary discovery.
Legal Topics
Costs, Preliminary Discovery, Confidentiality
Civil Procedure Costs Preliminary Discovery Confidentiality

Case Brief

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Parties

Hornsby Shire Council

Plaintiff

Valuer General of New South Wales

First Defendant

Brian Nicholson

Second Defendant

Alcorn Corbin Nicholson Pty Ltd

Third Defendant

CSR Ltd

Fourth Defendant

Procedural Posture

Costs Application Following Preliminary Discovery / Post Hearing, Determination of Costs

Legal Issues

  1. 1 Whether the losing parties to an application for preliminary discovery should pay the plaintiff's costs
  2. 2 Whether claims of confidentiality by defendants affect the usual costs order

Ratio Decidendi

Since the second, third and fourth defendants actively opposed the plaintiff's application for access to documents and their claims of confidentiality were not warranted, they must bear the plaintiff's costs of and incidental to the summons; the first defendant to pay the plaintiff's costs up to the change of position, with each party thereafter to bear its own costs; the plaintiff to pay the costs of preliminary discovery itself.

Court Disposition

Costs orders made in favour of the plaintiff against the second, third and fourth defendants for the summons; partial costs against the first defendant; plaintiff to pay defendants' costs of preliminary discovery.

Orders

  • The second, third and fourth defendants to pay the plaintiff's costs of and incidental to the summons.
  • The first defendant to pay the plaintiff's costs of the application up to the time on 25 August 2008 that it was informed of the first defendant's change of position; thereafter each party to pay its own costs.