Patane V Singh and Anor [2016] NSWLEC 13

Patane V Singh and Anor [2016] NSWLEC 13

It was not fair and reasonable to depart from the usual position in Class 2 proceedings that parties bear their own costs, because the Commissioner had found reasonable efforts to reach agreement, the substantive applicant had relied on professional engineering advice that provided at least a prima facie foundation for the Trees Act application, the respondents' own evidence was filed very late, and the mere fact that the substantive applicant failed did not justify a costs order against him.

Jurisdiction
Australia
Judgment Date
11 February 2016
Procedural Posture
Class 2 Trees (disputes Between Neighbours) Act 2006 Proceedings / Notice of Motion for Costs After Dismissal of the Substantive Tree Application
Outcome
The application for costs was dismissed; costs of the motion were awarded in favour of Mr Patane as agreed or assessed.
Legal Topics
['costs in Class 2 Proceedings' 'fair and Reasonable Costs Orders' 'gross Sum Costs Orders' 'neighbouring Trees']
['costs' 'trees Disputes' 'land and Environment Court Procedure'] ['costs in Class 2 Proceedings' 'fair and Reasonable Costs Orders' 'gross Sum Costs Orders' 'neighbouring Trees']

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Procedural Posture

Class 2 Trees (disputes Between Neighbours) Act 2006 Proceedings / Notice of Motion for Costs After Dismissal of the Substantive Tree Application

Legal Issues

  1. 1 ['Whether it was fair and reasonable to make a costs order in favour of the Applicant on the motion in Class 2 Trees Act proceedings.' 'Whether the substantive application lacked reasonable negotiation or a proper evidentiary foundation so as to justify departure from the usual position that each party bears their own costs.']

Ratio Decidendi

It was not fair and reasonable to depart from the usual position in Class 2 proceedings that parties bear their own costs, because the Commissioner had found reasonable efforts to reach agreement, the substantive applicant had relied on professional engineering advice that provided at least a prima facie foundation for the Trees Act application, the respondents' own evidence was filed very late, and the mere fact that the substantive applicant failed did not justify a costs order against him.

Court Disposition

The application for costs was dismissed; costs of the motion were awarded in favour of Mr Patane as agreed or assessed.

Orders

  • ['The application for costs is dismissed.' 'Costs are awarded in favour of Mr Patane as agreed or assessed.']