Tubbo Pty Limited & Ors v Minister Administering the Water Management Act 2000 [2008] NSWLEC 128

Tubbo Pty Limited & Ors v Minister Administering the Water Management Act 2000 [2008] NSWLEC 128

The notice of motion for discovery was resolved by consent without a hearing on the merits; the respondent's conduct was not unreasonable. Established principles require that costs be costs in the cause, except in exceptional circumstances, which are not present here. Accordingly, costs of the notice of motion will be costs in the cause, notice of motion dismissed, and applicants to pay respondent's costs for today's hearing.

Parties
First Applicant: Tubbo Pty Limited; Second Applicant: Tubbo Irrigation Management Pty Limited; Third Applicant: Orchard Farms Pty Limited; Fourth Applicant: Four Arrows Rural Management Pty Limited; Respondent: Minister Administering the Water Management Act 2000
Jurisdiction
Australia
Judgment Date
20 March 2008
Procedural Posture
Application for Costs (class 4 Proceeding) / Costs Hearing After Notice of Motion Resolved by Consent
Outcome
Costs of the notice of motion to be costs in the cause; notice of motion dismissed; applicants to pay respondent's costs of hearing today
Legal Topics
Costs, Discovery, Consent Orders
Civil Procedure Costs Discovery Consent Orders

Case Brief

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Parties

Tubbo Pty Limited

First Applicant

Tubbo Irrigation Management Pty Limited

Second Applicant

Orchard Farms Pty Limited

Third Applicant

Four Arrows Rural Management Pty Limited

Fourth Applicant

Minister Administering the Water Management Act 2000

Respondent

Procedural Posture

Application for Costs (class 4 Proceeding) / Costs Hearing After Notice of Motion Resolved by Consent

Legal Issues

  1. 1 Whether costs should be ordered where notice of motion for discovery was resolved by consent and not determined on its merits
  2. 2 Whether conduct of the respondent was unreasonable enough to warrant a costs order

Ratio Decidendi

The notice of motion for discovery was resolved by consent without a hearing on the merits; the respondent's conduct was not unreasonable. Established principles require that costs be costs in the cause, except in exceptional circumstances, which are not present here. Accordingly, costs of the notice of motion will be costs in the cause, notice of motion dismissed, and applicants to pay respondent's costs for today's hearing.

Court Disposition

Costs of the notice of motion to be costs in the cause; notice of motion dismissed; applicants to pay respondent's costs of hearing today

Orders

  • The costs of the notice of motion filed 31 August 2007 are to be costs in the cause.
  • The notice of motion is otherwise dismissed.