Molnar v Waverley Council [2005] NSWLEC 308

Molnar v Waverley Council [2005] NSWLEC 308

The circumstances—where the council changed its position on expert evidence and consented to a court appointed expert—did not justify departing from the usual rule that each party shares costs or bears their own, absent a finding that appointing the expert was of no utility.

Jurisdiction
Australia
Judgment Date
09 June 2005
Procedural Posture
Costs Application / Judgment on Costs Following Appeal Determination
Outcome
Application for concurrence in special costs order refused; usual costs order made.
Legal Topics
['special Costs Order' 'court Appointed Expert' 'costs Allocation']
['costs'] ['special Costs Order' 'court Appointed Expert' 'costs Allocation']

Case Brief

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Procedural Posture

Costs Application / Judgment on Costs Following Appeal Determination

Legal Issues

  1. 1 ['Whether a special costs order should be made, requiring the council to pay two-thirds of the cost of a court appointed expert']

Ratio Decidendi

The circumstances—where the council changed its position on expert evidence and consented to a court appointed expert—did not justify departing from the usual rule that each party shares costs or bears their own, absent a finding that appointing the expert was of no utility.

Court Disposition

Application for concurrence in special costs order refused; usual costs order made.

Orders

  • ['Each party to pay its own costs.']