The Owners - Strata Plan No 76597 v Dasco Constructions Pty Ltd [2014] NSWCATCD 96

The Owners - Strata Plan No 76597 v Dasco Constructions Pty Ltd [2014] NSWCATCD 96

Neither party acted so unreasonably as to justify an order for costs in favour of the other, and it could not be said that the applicant was almost certain to have succeeded if the matter had been fully heard. Therefore, each party should bear its own costs.

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Application for Costs Following Settlement / Decision on Costs After Settlement Without Hearing
Outcome
Each party to bear its own costs.
Legal Topics
['costs' 'settlement' 'discretionary Orders']
['civil Procedure'] ['costs' 'settlement' 'discretionary Orders']

Case Brief

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Procedural Posture

Application for Costs Following Settlement / Decision on Costs After Settlement Without Hearing

Legal Issues

  1. 1 ['Whether Tribunal should exercise its discretion to make an order for costs in favour of one or other party after proceedings settled without a hearing']

Ratio Decidendi

Neither party acted so unreasonably as to justify an order for costs in favour of the other, and it could not be said that the applicant was almost certain to have succeeded if the matter had been fully heard. Therefore, each party should bear its own costs.

Court Disposition

Each party to bear its own costs.

Orders

  • ['The parties are to pay their own costs.']