Quakers Hill First National Pty Ltd v First National Group of Independent Real Estate Agents Ltd [2018] NSWSC 1607

Quakers Hill First National Pty Ltd v First National Group of Independent Real Estate Agents Ltd [2018] NSWSC 1607

Because First National made clear by 17 and 18 September 2018 that it did not seek to defend its decision, the proceedings continued only because Ms Mundi sought to uphold that decision. Ms Mundi therefore assumed the role of sole contradictor and accepted the costs risk from that time, making it appropriate that she pay Quakers' costs of 18 and 19 September 2018 while otherwise each party bear its own costs.

Jurisdiction
Australia
Judgment Date
24 October 2018
Procedural Posture
Equity Commercial List; Costs / Costs Determination on the Papers After Proceedings Were Dismissed
Outcome
The Second Defendant was ordered to pay the Plaintiff's costs of 18 and 19 September 2018; otherwise no order as to costs was made, with the intention that each party pay their own costs.
Legal Topics
['party/party Costs' 'contradictor' 'withdrawal of Challenged Decision' 'dismissal of Proceedings']
['civil Procedure' 'costs' 'equity'] ['party/party Costs' 'contradictor' 'withdrawal of Challenged Decision' 'dismissal of Proceedings']

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Procedural Posture

Equity Commercial List; Costs / Costs Determination on the Papers After Proceedings Were Dismissed

Legal Issues

  1. 1 ["Whether the Plaintiff or the Second Defendant should pay the other's costs after the First Defendant did not defend and withdrew the decision challenged in the proceedings." "Whether the Second Defendant, by assuming the role of sole contradictor and actively defending the First Defendant's decision, accepted the risk of an adverse costs order."]

Ratio Decidendi

Because First National made clear by 17 and 18 September 2018 that it did not seek to defend its decision, the proceedings continued only because Ms Mundi sought to uphold that decision. Ms Mundi therefore assumed the role of sole contradictor and accepted the costs risk from that time, making it appropriate that she pay Quakers' costs of 18 and 19 September 2018 while otherwise each party bear its own costs.

Court Disposition

The Second Defendant was ordered to pay the Plaintiff's costs of 18 and 19 September 2018; otherwise no order as to costs was made, with the intention that each party pay their own costs.

Orders

  • ["Order that the Second Defendant pay the Plaintiff's costs of 18 and 19 September 2018." 'Otherwise make no order as to costs with the intention that each party pay their own costs.']