Newport v Li & Anor (No 2) [2022] NSWDC 132

Newport v Li & Anor (No 2) [2022] NSWDC 132

Plaintiff is to pay the first defendant's costs of the proceedings on the ordinary basis after offsetting costs orders previously obtained against the first defendant; each party bears own costs of the costs application.

Jurisdiction
Australia
Judgment Date
29 April 2022
Procedural Posture
Civil / Costs Application Following Final Judgment
Outcome
Plaintiff to pay first defendant's costs of proceedings on ordinary basis after offset of benefit of prior costs orders; each party bears own costs of costs application.
Legal Topics
['consequential Orders for Costs' 'offers of Compromise' 'exercise of Discretion as to Costs']
['costs'] ['consequential Orders for Costs' 'offers of Compromise' 'exercise of Discretion as to Costs']

Case Brief

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Procedural Posture

Civil / Costs Application Following Final Judgment

Legal Issues

  1. 1 ['Appropriate costs orders following final judgment where plaintiff succeeded against second defendant but not first defendant' 'Effect of historical costs orders' 'Impact of offers of compromise on costs liability']

Ratio Decidendi

Plaintiff is to pay the first defendant's costs of the proceedings on the ordinary basis after offsetting costs orders previously obtained against the first defendant; each party bears own costs of the costs application.

Court Disposition

Plaintiff to pay first defendant's costs of proceedings on ordinary basis after offset of benefit of prior costs orders; each party bears own costs of costs application.

Orders

  • ["Plaintiff is to pay first defendant's costs of the proceedings on the ordinary basis after offset of benefit of costs orders she has already obtained against the first defendant." 'Each party should bear their own costs of the costs application.']