Greenwood v Warringah Council (No 2) [2013] NSWLEC 3

Greenwood v Warringah Council (No 2) [2013] NSWLEC 3

Given the applicant's substantive success on the key issue and prevailing authorities discouraging artificial issue separation, the court ordered the respondent to pay the applicant's costs for the class 4 proceedings and costs argument, but each party to bear its own costs for finalising orders between 9 July and 7...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 January 2013
Procedural Posture
Class 4 Civil Proceedings / Post Judgment Costs Determination
Outcome
Costs order in favour of applicant with partial apportionment.
Legal Topics
['apportionment of Costs' 'calderbank Offers' 'success in Proceedings' 'party Party Basis' 'judicial Discretion in Costs']
['costs'] ['apportionment of Costs' 'calderbank Offers' 'success in Proceedings' 'party Party Basis' 'judicial Discretion in Costs']

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Procedural Posture

Class 4 Civil Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Appropriate apportionment of costs in class 4 proceedings' 'Whether costs should follow the event or be apportioned due to mixed outcome' 'Effect of Calderbank offers on costs determination']

Ratio Decidendi

Given the applicant's substantive success on the key issue and prevailing authorities discouraging artificial issue separation, the court ordered the respondent to pay the applicant's costs for the class 4 proceedings and costs argument, but each party to bear its own costs for finalising orders between 9 July and 7 August 2012.

Court Disposition

Costs order in favour of applicant with partial apportionment.

Orders

  • ['The respondent Council is ordered to pay the costs of the applicant in respect of these class 4 proceedings, and of the post-judgment argument about costs, including the hearing on 26 September 2012, on a party-party basis, as agreed or assessed.' 'Each party should pay its own costs of finalising the orders to be...