Bailey v Gould [2011] NSWLEC 96

Bailey v Gould [2011] NSWLEC 96

Having regard to the Commissioners' findings dismissing each aspect of Mrs Bailey's substantive tree dispute claim, the Court found that the proceedings had no reasonable prospects of success when commenced. It was therefore fair and reasonable under r 3.7 to order costs, but only for recoverable out of pocket disbursements incurred by the self-represented respondent, not for his own time.

Jurisdiction
Australia
Judgment Date
12 May 2011
Procedural Posture
Class 2 Tree Dispute Costs Application / Respondent's Motion for Costs After Dismissal of Applicant's Substantive Application Under the Trees (disputes Between Neighbours) Act 2006
Outcome
Costs ordered for the respondent by way of disbursements in the sum of $1,101.11.
Legal Topics
['costs in Class 2 Proceedings' 'self Represented Litigant Costs' 'reasonable Prospects of Success' 'trees (disputes Between Neighbours) Act 2006']
['costs' 'land and Environment' 'tree Disputes'] ['costs in Class 2 Proceedings' 'self Represented Litigant Costs' 'reasonable Prospects of Success' 'trees (disputes Between Neighbours) Act 2006']

Case Brief

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Procedural Posture

Class 2 Tree Dispute Costs Application / Respondent's Motion for Costs After Dismissal of Applicant's Substantive Application Under the Trees (disputes Between Neighbours) Act 2006

Legal Issues

  1. 1 ['Whether it was fair and reasonable in the circumstances to make a costs order in proceedings of this kind.' "Whether the applicant's claim, when commenced, had reasonable prospects of success." 'Which items claimed by the self-represented respondent were recoverable as costs or disbursements.']

Ratio Decidendi

Having regard to the Commissioners' findings dismissing each aspect of Mrs Bailey's substantive tree dispute claim, the Court found that the proceedings had no reasonable prospects of success when commenced. It was therefore fair and reasonable under r 3.7 to order costs, but only for recoverable out of pocket disbursements incurred by the self-represented respondent, not for his own time.

Court Disposition

Costs ordered for the respondent by way of disbursements in the sum of $1,101.11.

Orders

  • ['The applicant is ordered to pay costs by way of disbursements incurred by Mr Gould in the sum of $1,101.11']