NL v AL [2013] NSWCA 224

NL v AL [2013] NSWCA 224

The appeal was allowed only to the extent necessary to correct the omission of an order excluding from costs those thrown away by the abandoned collateral agreement claim. Otherwise, the primary judge's exercise of discretion was not affected by error and the variation of costs orders was justified by N's shift in position and escalation of the dispute, which made it appropriate for her to bear the relevant costs after 1 May 2009.

Jurisdiction
Australia
Judgment Date
22 July 2013
Procedural Posture
Appeal / Decision on Appeal Regarding Costs Orders
Outcome
Appeal allowed in part.
Legal Topics
['costs' 'calderbank Offers' 'exercise of Discretion in Costs']
['civil Procedure'] ['costs' 'calderbank Offers' 'exercise of Discretion in Costs']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal Regarding Costs Orders

Legal Issues

  1. 1 ['Whether the primary judge erred in the exercise of discretion when making costs orders, particularly in relation to the timing and application of indemnity and party/party costs and the exclusion of costs for an abandoned collateral agreement claim.']

Ratio Decidendi

The appeal was allowed only to the extent necessary to correct the omission of an order excluding from costs those thrown away by the abandoned collateral agreement claim. Otherwise, the primary judge's exercise of discretion was not affected by error and the variation of costs orders was justified by N's shift in position and escalation of the dispute, which made it appropriate for her to bear the relevant costs after 1 May 2009.

Court Disposition

Appeal allowed in part.

Orders

  • ['Vary the costs orders of 22 May 2012 by adding an order that costs awarded to A exclude costs of or incidental to the abandoned collateral agreement claim, including the costs of the pleading and any evidence prepared by A in relation to that claim relied upon at the hearing, but not including any time occupied in...