Meharg v Newcastle City Council & Ors [2000] NSWLEC 239

Meharg v Newcastle City Council & Ors [2000] NSWLEC 239

Because the applicant obtained the primary relief sought, the issues raised at the hearing were not unnecessary in the circumstances, and there was no reason to depart from the normal costs order, the respondents were ordered to pay the whole of the applicant's costs on a party and party basis, with the burden shared equally between the Council and the second respondents.

Jurisdiction
Australia
Judgment Date
07 April 1998
Procedural Posture
Class 4 Costs Proceedings / Costs Determination After Judgment on the Merits
Outcome
Respondents ordered to pay the applicant's costs on a party and party basis, shared equally between the first respondent and the second respondents.
Legal Topics
['party and Party Costs' 'apportionment of Costs Among Respondents' 'compensatory Costs']
['costs' 'land and Environment Court Proceedings'] ['party and Party Costs' 'apportionment of Costs Among Respondents' 'compensatory Costs']

Case Brief

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Procedural Posture

Class 4 Costs Proceedings / Costs Determination After Judgment on the Merits

Legal Issues

  1. 1 ['Whether the applicant should receive all costs incurred on a party and party basis or a lesser proportion such as two thirds.' 'Whether the costs burden should be apportioned between the first respondent and the second respondents.' 'Whether the costs should include the costs of finalising the outstanding costs issue.']

Ratio Decidendi

Because the applicant obtained the primary relief sought, the issues raised at the hearing were not unnecessary in the circumstances, and there was no reason to depart from the normal costs order, the respondents were ordered to pay the whole of the applicant's costs on a party and party basis, with the burden shared equally between the Council and the second respondents.

Court Disposition

Respondents ordered to pay the applicant's costs on a party and party basis, shared equally between the first respondent and the second respondents.

Orders

  • ["The respondents are to pay the applicant's costs on a party and party basis." 'The costs burden is to be shared fifty per cent by the first respondent Council and fifty per cent by the second respondents.' 'The costs include the costs of finalising the outstanding issue of costs on the same basis.']