Notaras and Anor v Holman and Anor [2004] NSWLEC 453
Costs awarded partly to respondents because, while some applicant claims were regularised by the grant of development consent (second s 96 application), applicant’s conduct was unreasonable in pursuing action post-regularisation and in failing to give notice before interlocutory injunction, warranting partial costs order in favour of respondents.
- Jurisdiction
- Australia
- Judgment Date
- 03 September 2004
- Procedural Posture
- Class 4 Proceedings / Costs Determination Following Discontinuance
- Outcome
- Partial costs order in favour of respondents
- Legal Topics
- ['costs' 'discontinuance' 'development Consent' 'construction Certificate' 'indemnity Costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Class 4 Proceedings / Costs Determination Following Discontinuance
Legal Issues
- 1 ['Whether costs should follow the event after discontinuance' 'Whether the respondents are entitled to indemnity costs' 'Whether relief was achieved by applicant extrajudicially or by settlement']
Ratio Decidendi
Costs awarded partly to respondents because, while some applicant claims were regularised by the grant of development consent (second s 96 application), applicant’s conduct was unreasonable in pursuing action post-regularisation and in failing to give notice before interlocutory injunction, warranting partial costs order in favour of respondents.
Court Disposition
Partial costs order in favour of respondents
Orders
- ['Applicant Notaras is to pay 50 per cent of the costs of the First and Second Respondents in relation to these proceedings.']
Full Case Text
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