Vassallo v Deitz (Costs) [2024] NSWSC 424

Vassallo v Deitz (Costs) [2024] NSWSC 424

There was nothing out of the ordinary about the proceedings or the defendants' conduct to warrant departure from the usual rule that costs follow the event; Mr Vassallo did not establish any proper basis for departure and must pay defendants' costs.

Parties
Plaintiff: Joseph Sid Vassallo; First Defendant: Lindy Deitz; Second Defendant: Michael John Weston; Third Defendant: Local Court of New South Wales
Jurisdiction
Australia
Judgment Date
22 April 2024
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Order that Mr Vassallo pay the defendants' costs of the proceedings, as agreed or assessed.
Legal Topics
Costs, Costs Follow the Event, Departure From Usual Costs Order
Civil Procedure Costs Costs Follow the Event Departure From Usual Costs Order

Case Brief

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Parties

Joseph Sid Vassallo

Plaintiff

Lindy Deitz

First Defendant

Michael John Weston

Second Defendant

Local Court of New South Wales

Third Defendant

Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 Whether the usual costs order should be made
  2. 2 Whether circumstances warrant a departure from the ordinary rule that costs follow the event

Ratio Decidendi

There was nothing out of the ordinary about the proceedings or the defendants' conduct to warrant departure from the usual rule that costs follow the event; Mr Vassallo did not establish any proper basis for departure and must pay defendants' costs.

Court Disposition

Order that Mr Vassallo pay the defendants' costs of the proceedings, as agreed or assessed.

Orders

  • Mr Vassallo to pay the defendants' costs of the proceedings, as agreed or assessed.