Hanson v Metricon Homes Pty Ltd (No 2) [2020] NSWSC 733

Hanson v Metricon Homes Pty Ltd (No 2) [2020] NSWSC 733

The defendant is to pay the costs of and incidental to the internal appeal to the Appeal Panel and the appeal to this Court. The defendant did not make concessions during the appeal, took an oppositional stance, and the absence of procedural fairness in the original proceedings was not solely attributable to the plaintiffs. There is no compelling reason to depart from the orthodox principle that costs follow the event.

Jurisdiction
Australia
Judgment Date
12 June 2020
Procedural Posture
Costs Application / Post Appeal Costs Determination
Outcome
Defendant to pay plaintiffs' costs of both the internal appeal to the Appeal Panel and the appeal to this Court; orders stayed until 16 July 2020.
Legal Topics
['costs' 'appeals' 'civil Procedure']
['civil Law'] ['costs' 'appeals' 'civil Procedure']

Case Brief

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Procedural Posture

Costs Application / Post Appeal Costs Determination

Legal Issues

  1. 1 ['Whether the defendant should pay the costs of and incidental to the internal appeal to the Appeal Panel and the appeal to this Court']

Ratio Decidendi

The defendant is to pay the costs of and incidental to the internal appeal to the Appeal Panel and the appeal to this Court. The defendant did not make concessions during the appeal, took an oppositional stance, and the absence of procedural fairness in the original proceedings was not solely attributable to the plaintiffs. There is no compelling reason to depart from the orthodox principle that costs follow the event.

Court Disposition

Defendant to pay plaintiffs' costs of both the internal appeal to the Appeal Panel and the appeal to this Court; orders stayed until 16 July 2020.

Orders

  • ['The defendant is to pay the costs of and incidental to the internal appeal to the Appeal Panel.' 'The defendant is to pay the costs of and incidental to the appeal to this Court.' 'These orders are stayed until 16 July 2020.']