The Owners-Strata Plan 6636 v Bickley [2015] NSWLEC 113

The Owners-Strata Plan 6636 v Bickley [2015] NSWLEC 113

The respondent's repeated failure to respond to reasonable requests, rejection of offers, failure to file evidence or comply with orders, late consent to orders substantially corresponding with the applicant's earlier position, and conduct causing unnecessary costs and delay made it fair and reasonable to displace the r 3.7 presumption and order him to pay the applicant's costs of the proceedings and the costs motion. A fixed gross sum was refused because the material did not allow the Court to conclude with confidence that the claimed fixed sum was logical, fair and reasonable.

Jurisdiction
Australia
Judgment Date
13 July 2015
Procedural Posture
Class 2 Tree Dispute Costs Application / Notice of Motion for Costs Determined Ex Parte
Outcome
Respondent ordered to pay the applicant's costs of the proceedings and of the notice of motion as agreed or assessed; fixed-sum costs order refused.
Legal Topics
['class 2 Costs' 'unreasonable Conduct in Proceedings' 'fixed Gross Sum Costs' 'costs as Agreed or Assessed']
['costs' 'land and Environment' 'tree Disputes Between Neighbours'] ['class 2 Costs' 'unreasonable Conduct in Proceedings' 'fixed Gross Sum Costs' 'costs as Agreed or Assessed']

Case Brief

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Procedural Posture

Class 2 Tree Dispute Costs Application / Notice of Motion for Costs Determined Ex Parte

Legal Issues

  1. 1 ["Whether it was fair and reasonable under r 3.7 of the Land and Environment Court Rules 2007 to order the respondent to pay the applicant's costs." 'Whether the respondent acted unreasonably before, during and after the proceedings.' 'Whether costs should be awarded in a fixed sum or as agreed or assessed.']

Ratio Decidendi

The respondent's repeated failure to respond to reasonable requests, rejection of offers, failure to file evidence or comply with orders, late consent to orders substantially corresponding with the applicant's earlier position, and conduct causing unnecessary costs and delay made it fair and reasonable to displace the r 3.7 presumption and order him to pay the applicant's costs of the proceedings and the costs motion. A fixed gross sum was refused because the material did not allow the Court to conclude with confidence that the claimed fixed sum was logical, fair and reasonable.

Court Disposition

Respondent ordered to pay the applicant's costs of the proceedings and of the notice of motion as agreed or assessed; fixed-sum costs order refused.

Orders

  • ["The respondent is to pay the applicant's costs of the proceedings, as agreed or assessed." "The respondent is to pay the applicant's costs of its notice of motion filed 8 May 2015, as agreed or assessed." 'The exhibits are to be returned.']