Stein v Board [2020] NSWSC 1358

Stein v Board [2020] NSWSC 1358

With no determination on the merits and neither party's conduct being unreasonable, the proper exercise of the court's discretion is that each party bear its own costs of the proceedings.

Parties
Plaintiff: Lawson Stein; First Defendant: Victor Board; Second Defendant: Geraldine Stuart
Jurisdiction
Australia
Judgment Date
06 October 2020
Procedural Posture
Summons for Equitable Relief and Interlocutory Orders / Post Settlement Determination of Costs; Proceedings Dismissed
Outcome
Proceedings dismissed with no order as to costs; each party bears their own costs.
Legal Topics
Costs, Settlement, Caveats, Tenancy Agreements
Equity Civil Procedure Costs Settlement Caveats Tenancy Agreements

Case Brief

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Parties

Lawson Stein

Plaintiff

Victor Board

First Defendant

Geraldine Stuart

Second Defendant

Procedural Posture

Summons for Equitable Relief and Interlocutory Orders / Post Settlement Determination of Costs; Proceedings Dismissed

Legal Issues

  1. 1 Whether one party should be ordered to pay the other's costs following settlement and dismissal by consent where there is no determination on the merits
  2. 2 Whether either party's conduct was so unreasonable as to justify a departure from the usual order as to costs

Ratio Decidendi

With no determination on the merits and neither party's conduct being unreasonable, the proper exercise of the court's discretion is that each party bear its own costs of the proceedings.

Court Disposition

Proceedings dismissed with no order as to costs; each party bears their own costs.

Orders

  • The proceedings be dismissed.
  • Each party bear its own costs of the proceedings.