Slattery v Dunn (No 3) [2024] NSWLEC 110

Applicant entitled to costs of the proceedings, including the costs hearing, payable on an ordinary basis, as she was the 'clear winner' in obtaining interlocutory relief, and respondents' conduct in threatening immediate demolition compelled urgent proceedings.

Parties: Applicant: Rhonda Slattery; First Respondent: David Dunn; Second Respondent: Kim Dunn
Jurisdiction: Australia
Judgment Date: 24 October 2024
Procedural Posture: Class 4 Civil Enforcement / Costs Determination Following Abandonment of Final Relief
Outcome: Respondents to pay applicant's costs. Summons otherwise dismissed.
Legal Topics: Costs Application, Interlocutory Relief, Boundary Determination, Dividing Fences, Settlement Offers

Civil Procedure Property Law Costs Application Interlocutory Relief Boundary Determination Dividing Fences Settlement Offers

Case Brief

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 21 Party arguments 2 Amounts and remedies 13

Parties

Rhonda Slattery

Applicant

David Dunn

First Respondent

Kim Dunn

Second Respondent

Procedural Posture

Class 4 Civil Enforcement / Costs Determination Following Abandonment of Final Relief

Legal Issues

1 Whether applicant is entitled to costs after abandoning final relief
2 Effect of supervening event (Class 2 proceedings) on costs entitlement
3 Appropriateness of costs claimed for Class 4 versus Class 2 proceedings

Ratio Decidendi

Court Disposition

Respondents to pay applicant's costs. Summons otherwise dismissed.

Orders

First and second respondents to pay applicant's costs of the proceedings, including costs of the costs application.
Costs payable as assessed on an ordinary basis.