Mavis McKinnon v. Hallbridge Pty Ltd [1998] NSWLEC 85

Mavis McKinnon v. Hallbridge Pty Ltd [1998] NSWLEC 85

The applicant is entitled to her costs on a party/party basis up to 23 March 1998 as there were no grounds for criticism of her bringing the proceedings, but as the applicant ultimately recovered less than was offered in the respondent's Calderbank letter of 20 March 1998, exceptional circumstances exist and the respondent is entitled to its costs on a party/party basis after 24 March 1998. No costs above a party/party basis are justified as the applicant did not act with an ulterior motive and the compensation results were close to the offer made.

Jurisdiction
Australia
Judgment Date
10 July 1998
Procedural Posture
Class 3 Proceedings / Post Judgment (costs Determination)
Outcome
Partial costs orders for both parties based on time periods
Legal Topics
['encroachment' 'compensation' 'costs Orders']
['property Law'] ['encroachment' 'compensation' 'costs Orders']

Case Brief

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Procedural Posture

Class 3 Proceedings / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether exceptional circumstances exist to depart from the usual order as to costs in Class 3 proceedings' 'Whether a Calderbank offer affects entitlement to costs for either party' 'Whether the applicant acted with an ulterior motive in commencing proceedings']

Ratio Decidendi

The applicant is entitled to her costs on a party/party basis up to 23 March 1998 as there were no grounds for criticism of her bringing the proceedings, but as the applicant ultimately recovered less than was offered in the respondent's Calderbank letter of 20 March 1998, exceptional circumstances exist and the respondent is entitled to its costs on a party/party basis after 24 March 1998. No costs above a party/party basis are justified as the applicant did not act with an ulterior motive and the compensation results were close to the offer made.

Court Disposition

Partial costs orders for both parties based on time periods

Orders

  • ["The respondent is ordered to pay the applicant's costs up to and including 23 March 1998, on a party/party basis, as agreed or assessed." "The applicant is ordered to pay the respondent's costs of and after 24 March 1998, on a party/party basis, as agreed or assessed." 'Each party is ordered to pay its own costs...