Murphy v All Steel Sheds [2021] NSWCATCD 45

Murphy v All Steel Sheds [2021] NSWCATCD 45

Given both parties had some success and both increased the costs, each party should pay their own costs until 19 March 2020, the date of a genuine offer of compromise which was unreasonably rejected by the applicant, after which the applicant is to pay the respondent’s costs on an ordinary basis.

Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Costs Application (consumer and Commercial Division) / Post Judgment (costs Determination)
Outcome
Application for costs determined; mixed outcome.
Legal Topics
['costs' 'offers of Compromise' 'ncat Costs Discretion']
['civil Procedure' 'consumer Law'] ['costs' 'offers of Compromise' 'ncat Costs Discretion']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application (consumer and Commercial Division) / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether a hearing on costs should be dispensed with' 'Whether special circumstances or Rule 38 justified a departure from the usual rule on costs' 'Effect of an offer of compromise on costs awarded']

Ratio Decidendi

Given both parties had some success and both increased the costs, each party should pay their own costs until 19 March 2020, the date of a genuine offer of compromise which was unreasonably rejected by the applicant, after which the applicant is to pay the respondent’s costs on an ordinary basis.

Court Disposition

Application for costs determined; mixed outcome.

Orders

  • ['A hearing of the costs applications is dispensed with pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2014.' 'Each party is to pay his or its own costs up until 19 March 2020.' "Michael Murphy is to pay All Steel Sheds Pty Ltd's costs of the proceedings from 20 March 2020, on an ordinary basis, as...