Knox Farms Pty Limited v Upper Lachlan Shire Council [2023] NSWSC 1601

Knox Farms Pty Limited v Upper Lachlan Shire Council [2023] NSWSC 1601

The appropriate costs orders are that the plaintiff pays the Willises' costs of the plaintiff's claim, and pays the Council's and Solicitors' costs thrown away due to the third amended statement of claim, including preparation of evidence not relied on; no order as to costs for the cross-claim and notice of motion given factual disputes regarding standing and no determination of those claims on their merits. Amendments did not amount to a discontinuance for costs purposes; usual practice applies regarding costs of amendments, and forthwith orders are not justified.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Civil / Post Pleading, Costs Determination After Amendments and Discontinuance of Claims
Outcome
Costs ordered as specified
Legal Topics
['costs' 'amendment of Pleadings' 'discontinuance' 'cross Claims']
['civil Procedure' 'equity'] ['costs' 'amendment of Pleadings' 'discontinuance' 'cross Claims']

Case Brief

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Procedural Posture

Civil / Post Pleading, Costs Determination After Amendments and Discontinuance of Claims

Legal Issues

  1. 1 ['Whether costs of the whole proceedings to date of amendment should be ordered against plaintiff for amendments' 'Whether abandonment of claims constitutes discontinuance for costs purposes under UCPR r 41.19' 'Whether costs should be ordered on indemnity basis for alleged capitulation' "Whether costs orders should be forthwith or reserved until proceedings' end"]

Ratio Decidendi

The appropriate costs orders are that the plaintiff pays the Willises' costs of the plaintiff's claim, and pays the Council's and Solicitors' costs thrown away due to the third amended statement of claim, including preparation of evidence not relied on; no order as to costs for the cross-claim and notice of motion given factual disputes regarding standing and no determination of those claims on their merits. Amendments did not amount to a discontinuance for costs purposes; usual practice applies regarding costs of amendments, and forthwith orders are not justified.

Court Disposition

Costs ordered as specified

Orders

  • ["The plaintiff to pay the second and third defendants' costs of the plaintiff's claim." "The plaintiff to pay the first, fourth, fifth and sixth defendants' costs thrown away by reason of the third amended statement of claim, including costs of preparation of evidence no longer relied upon." "As to the second and...