Song v Hackney (No 2) [2016] NSWLEC 155

Song v Hackney (No 2) [2016] NSWLEC 155

The applicant's conduct was not so unreasonable as to displace the presumption that there is no costs order in Class 2 proceedings; failing after a hearing on the merits is not sufficient to justify a costs order against the applicant.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Class 2 Proceedings / Costs Decision After Dismissal of Substantive Application
Outcome
Notice of Motion for costs dismissed; no order as to costs in the proceedings or the motion.
Legal Topics
['costs in Class 2 Proceedings' 'tree Disputes Between Neighbours']
['environmental Law' 'civil Procedure'] ['costs in Class 2 Proceedings' 'tree Disputes Between Neighbours']

Case Brief

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Procedural Posture

Class 2 Proceedings / Costs Decision After Dismissal of Substantive Application

Legal Issues

  1. 1 ['Whether it is fair and reasonable to depart from the general rule against costs orders in Class 2 proceedings and award costs to the respondent']

Ratio Decidendi

The applicant's conduct was not so unreasonable as to displace the presumption that there is no costs order in Class 2 proceedings; failing after a hearing on the merits is not sufficient to justify a costs order against the applicant.

Court Disposition

Notice of Motion for costs dismissed; no order as to costs in the proceedings or the motion.

Orders

  • ["The respondent's Notice of Motion for costs is dismissed." 'There will be no order for costs in respect of either the substantive proceedings or the costs Notice of Motion.' 'All Exhibits are returned.']