The Owners - Strata Plan No 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 41

The Owners - Strata Plan No 70762 v L & C Platt Constructions Pty Ltd [2014] NSWCATCD 41

Given the applicant succeeded only on issues occupying a small part of the proceedings and failed on major, dominant issues, this is an appropriate case for apportionment of costs, ordering the applicant to pay 80% of the respondent's costs assessed on the ordinary basis.

Jurisdiction
Australia
Judgment Date
03 April 2014
Procedural Posture
Civil / Costs Decision After Substantive Order
Outcome
Applicant to pay 80% of respondent's costs assessed on the ordinary basis.
Legal Topics
['costs' 'tribunal Procedure' 'apportionment of Costs']
['civil Procedure'] ['costs' 'tribunal Procedure' 'apportionment of Costs']

Case Brief

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Procedural Posture

Civil / Costs Decision After Substantive Order

Legal Issues

  1. 1 ['Whether costs should follow the event in tribunal proceedings' 'Whether costs should be apportioned based on relative success' 'Impact of late amendment and settlement offers on costs']

Ratio Decidendi

Given the applicant succeeded only on issues occupying a small part of the proceedings and failed on major, dominant issues, this is an appropriate case for apportionment of costs, ordering the applicant to pay 80% of the respondent's costs assessed on the ordinary basis.

Court Disposition

Applicant to pay 80% of respondent's costs assessed on the ordinary basis.

Orders

  • ["The applicant is to pay 80% of the respondent's costs assessed on the ordinary basis."]