Kosciusko Alpine Club Limited v National Parks and Wildlife Service & Anor [1988] NSWLEC 23

Kosciusko Alpine Club Limited v National Parks and Wildlife Service & Anor [1988] NSWLEC 23

Although the transcript strengthened the Second Respondent's claim for costs, responsibility for not making appropriate provision in the original undertaking lay principally with the Second Respondent, so costs should not be awarded.

Jurisdiction
Australia
Judgment Date
05 October 1988
Procedural Posture
Notice of Motion / Application to Set Aside Previous Costs Order
Outcome
Notice of Motion dismissed; no order as to costs in respect of the Notice of Motion
Legal Topics
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Case Brief

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Procedural Posture

Notice of Motion / Application to Set Aside Previous Costs Order

Legal Issues

  1. 1 ['Whether the previous refusal to award costs to the Second Respondent should be set aside in light of new facts evidenced by transcript' 'Whether the Court had jurisdiction to set aside its previous costs order']

Ratio Decidendi

Although the transcript strengthened the Second Respondent's claim for costs, responsibility for not making appropriate provision in the original undertaking lay principally with the Second Respondent, so costs should not be awarded.

Court Disposition

Notice of Motion dismissed; no order as to costs in respect of the Notice of Motion

Orders

  • ['Notice of Motion is dismissed' 'No order as to costs in respect of the Notice of Motion']