Leonard Markham v Charlotte Pass Snow Resort Pty Ltd [2020] NSWSC 1180

Leonard Markham v Charlotte Pass Snow Resort Pty Ltd [2020] NSWSC 1180

Neither party acted unreasonably in bringing or defending the proceedings; given settlement in related proceedings and the circumstances as a whole, the proper exercise of discretion was that each party pay their own costs.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 September 2020
Procedural Posture
Costs Application Following Discontinuance / Post Settlement, Costs Determination
Outcome
Each party to pay their own costs.
Legal Topics
['costs' 'discontinuance' 'party/party Costs' 'settlement']
['equity' 'procedure'] ['costs' 'discontinuance' 'party/party Costs' 'settlement']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Costs Application Following Discontinuance / Post Settlement, Costs Determination

Legal Issues

  1. 1 ['Whether costs should follow the event where proceedings are discontinued after settlement in a related matter' "Whether either party acted unreasonably so as to justify a departure from the usual order that the discontinuing plaintiff pays the defendant's costs"]

Ratio Decidendi

Neither party acted unreasonably in bringing or defending the proceedings; given settlement in related proceedings and the circumstances as a whole, the proper exercise of discretion was that each party pay their own costs.

Court Disposition

Each party to pay their own costs.

Orders

  • ['Each party pay their own costs of the proceedings.']