Nichols Constructions Pty Limited v Elphick (No 2) [2015] NSWSC 1822

Nichols Constructions Pty Limited v Elphick (No 2) [2015] NSWSC 1822

Although the plaintiff was successful, the application sought an order outside the usual procedural course of hearing all issues in the proceedings and was not without complexity; in all the circumstances, the fair costs outcome was that the costs of the application be the plaintiff's costs in the cause.

Jurisdiction
Australia
Judgment Date
27 November 2015
Procedural Posture
Costs / Costs Determination Following Plaintiff's Successful Application for Certain Issues to Be Decided Separately From, and After, All Issues in the Proceedings
Outcome
Costs of the application is plaintiff's costs in the cause.
Legal Topics
['costs in the Cause' 'separate Determination of Issues']
['civil Procedure' 'costs'] ['costs in the Cause' 'separate Determination of Issues']

Case Brief

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Procedural Posture

Costs / Costs Determination Following Plaintiff's Successful Application for Certain Issues to Be Decided Separately From, and After, All Issues in the Proceedings

Legal Issues

  1. 1 ['Whether the successful plaintiff should receive its costs of the application for certain issues to be decided separately from, and after, all issues in the proceedings.']

Ratio Decidendi

Although the plaintiff was successful, the application sought an order outside the usual procedural course of hearing all issues in the proceedings and was not without complexity; in all the circumstances, the fair costs outcome was that the costs of the application be the plaintiff's costs in the cause.

Court Disposition

Costs of the application is plaintiff's costs in the cause.

Orders

  • ["Costs of the application be the plaintiff's costs in the cause."]