Lagzdins v Jones and Anor [2002] NSWLEC 104

Lagzdins v Jones and Anor [2002] NSWLEC 104

As neither party could fairly be pronounced the litigation victor and both acted reasonably until settlement, no order for costs is appropriate following general principles applied in class 3 proceedings.

Jurisdiction
Australia
Judgment Date
28 June 2002
Procedural Posture
Class 3 Proceedings / Post Settlement; Costs Determination
Outcome
No order as to costs; parties to bear their own costs.
Legal Topics
['costs in Class 3 Proceedings' 'encroachment of Buildings Act 1922']
['property Law' 'civil Procedure'] ['costs in Class 3 Proceedings' 'encroachment of Buildings Act 1922']

Case Brief

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Procedural Posture

Class 3 Proceedings / Post Settlement; Costs Determination

Legal Issues

  1. 1 ['Which party should bear costs following settlement in proceedings under the Encroachment of Buildings Act 1922?' "Should there be a costs order concerning the Respondents' unsuccessful summary dismissal motion?"]

Ratio Decidendi

As neither party could fairly be pronounced the litigation victor and both acted reasonably until settlement, no order for costs is appropriate following general principles applied in class 3 proceedings.

Court Disposition

No order as to costs; parties to bear their own costs.

Orders

  • ['Parties bear their own costs in the proceedings.']