Abbatangelo v Aleckson (No. 2) [2019] NSWDC 461

Abbatangelo v Aleckson (No. 2) [2019] NSWDC 461

There is no proper basis shown to depart from the usual rule that costs follow the event. The defendant's reasons for seeking a different costs order were considered and rejected, and the costs order previously made directing the defendant to pay the respondent's costs should stand.

Jurisdiction
Australia
Judgment Date
06 September 2019
Procedural Posture
Civil / Application for Costs Order Following Dismissal of Notice of Motion
Outcome
Defendant's application for a different costs order dismissed. Costs order that defendant pay respondent's costs confirmed. Defendant to pay respondent's costs of this application.
Legal Topics
['costs' 'costs Follow the Event']
['civil Procedure'] ['costs' 'costs Follow the Event']

Case Brief

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Procedural Posture

Civil / Application for Costs Order Following Dismissal of Notice of Motion

Legal Issues

  1. 1 ['Whether the usual order as to costs (costs follow the event) should be varied to require each party to bear their own costs of the Notice of Motion' "Whether the defendant should pay the respondent's costs of the application seeking a different costs order"]

Ratio Decidendi

There is no proper basis shown to depart from the usual rule that costs follow the event. The defendant's reasons for seeking a different costs order were considered and rejected, and the costs order previously made directing the defendant to pay the respondent's costs should stand.

Court Disposition

Defendant's application for a different costs order dismissed. Costs order that defendant pay respondent's costs confirmed. Defendant to pay respondent's costs of this application.

Orders

  • ["Dismiss the defendant's application for an order that the defendant and the respondent pay their own costs of the Notice of Motion." 'Confirm the costs order made on 23 August 2019, that the defendant pay the costs of the respondent Donald Stuart Cameron of the Notice of Motion filed on 27 February 2018.' "Order...