Knight v Carter [2015] NSWSC 609

Knight v Carter [2015] NSWSC 609

Given the conduct of both parties, the settlement terms, the offers made, and absence of a decisive win by either party, the just outcome in the exercise of costs discretion is that there be no order as to costs.

Parties
1st Plaintiff: Wayne Charles Knight; 2nd Plaintiff: Christine Mari-Anne Knight; Defendant: Kathy Anne Carter
Jurisdiction
Australia
Judgment Date
22 May 2015
Procedural Posture
Civil / Post Evidence, Costs Determination Following Settlement
Outcome
No order as to costs; each party to bear their own costs.
Legal Topics
Costs, Settlement, Easements, Positive Covenants, Legal Practitioners’ Conduct
Equity Property Law Costs Settlement Easements Positive Covenants Legal Practitioners’ Conduct

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Parties

Wayne Charles Knight

1st Plaintiff

Christine Mari-Anne Knight

2nd Plaintiff

Kathy Anne Carter

Defendant

Procedural Posture

Civil / Post Evidence, Costs Determination Following Settlement

Legal Issues

  1. 1 Whether either party should be awarded costs following settlement of property rights dispute
  2. 2 Reasonableness of parties' conduct before and during litigation
  3. 3 Entitlement to declarations regarding easements, covenants, and the installation and maintenance of plant/equipment

Ratio Decidendi

Given the conduct of both parties, the settlement terms, the offers made, and absence of a decisive win by either party, the just outcome in the exercise of costs discretion is that there be no order as to costs.

Court Disposition

No order as to costs; each party to bear their own costs.

Orders

  • No order as to costs.