Tout v Johnson (No 2) [2021] NSWSC 1543

Tout v Johnson (No 2) [2021] NSWSC 1543

A partial departure from the general rule as to costs is warranted: defendants are to pay the plaintiff's costs associated with specified appearances on 15, 21, and 30 April 2021 (excluding specified affidavits), and otherwise the plaintiff is to pay the defendants' costs of the proceedings; no gross sum costs order is made as the evidence does not justify it.

Jurisdiction
Australia
Judgment Date
30 November 2021
Procedural Posture
Proceedings in Equity / Post Final Judgment, Determination of Costs Applications
Outcome
Costs orders made: partial departure from general rule.
Legal Topics
['costs' 'interlocutory Applications' 'gross Sum Order' 'easements']
['equity'] ['costs' 'interlocutory Applications' 'gross Sum Order' 'easements']

Case Brief

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Procedural Posture

Proceedings in Equity / Post Final Judgment, Determination of Costs Applications

Legal Issues

  1. 1 ['Whether there should be a departure from the general rule on costs following the event given interlocutory applications' 'Whether a gross sum costs order should be made against the plaintiff in favour of the defendants']

Ratio Decidendi

A partial departure from the general rule as to costs is warranted: defendants are to pay the plaintiff's costs associated with specified appearances on 15, 21, and 30 April 2021 (excluding specified affidavits), and otherwise the plaintiff is to pay the defendants' costs of the proceedings; no gross sum costs order is made as the evidence does not justify it.

Court Disposition

Costs orders made: partial departure from general rule.

Orders

  • ["Defendants to pay plaintiff's costs of and associated with appearances on 15 April 2021, 21 April 2021 and 30 April 2021 (excluding the costs of the plaintiff's affidavits of 6 April 2021 and 20 April 2021)" "Plaintiff to pay defendants' costs of the proceedings (including costs associated with affidavits sworn by...