Fitzpatrick v Lithgow and District Workmens Club Limited (No 2) [2012] NSWSC 374

Fitzpatrick v Lithgow and District Workmens Club Limited (No 2) [2012] NSWSC 374

In the exercise of the Court's discretion, considering both parties’ conduct and the partial utility of the proceedings for clarification, the Plaintiff should pay one half of the Defendant’s costs of the proceedings, calculated on the ordinary basis, but not including the costs of the argument on costs.

Jurisdiction
Australia
Judgment Date
19 April 2012
Procedural Posture
Civil / Post Judgment (costs)
Outcome
Order for Plaintiff to pay half of Defendant's costs, ordinary basis; each party to bear own costs of argument on costs; exhibits to be dealt with as per Uniform Civil Procedure Rules.
Legal Topics
['costs']
['civil Procedure'] ['costs']

Case Brief

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Procedural Posture

Civil / Post Judgment (costs)

Legal Issues

  1. 1 ["Appropriate order for costs following dismissal of Plaintiff's Summons"]

Ratio Decidendi

In the exercise of the Court's discretion, considering both parties’ conduct and the partial utility of the proceedings for clarification, the Plaintiff should pay one half of the Defendant’s costs of the proceedings, calculated on the ordinary basis, but not including the costs of the argument on costs.

Court Disposition

Order for Plaintiff to pay half of Defendant's costs, ordinary basis; each party to bear own costs of argument on costs; exhibits to be dealt with as per Uniform Civil Procedure Rules.

Orders

  • ["Plaintiff to pay one half of Defendant's costs of the proceedings, such costs to be calculated on the ordinary basis" 'Such costs should not include the costs of the argument on costs, in respect of which each party should bear his, or its, own costs' 'Exhibits to be dealt with in accordance with the Uniform Civil...