Universal 1919 Pty Limited v Barraket Stanton Lawyers Pty Ltd (No 2) [2015] NSWSC 541

Universal 1919 Pty Limited v Barraket Stanton Lawyers Pty Ltd (No 2) [2015] NSWSC 541

The plaintiff was successful in the proceedings and the dispute could have been avoided if the landlord and solicitor had provided information in response to the tenant's reasonable requests; the ordinary rule that costs follow the event therefore warranted an order that the defendants pay the plaintiff's costs.

Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Costs / Costs Determination Following Determination of the Plaintiff's Application
Outcome
Defendants to pay plaintiff's costs of the proceedings.
Legal Topics
['costs Follow the Event' 'assessment of Legal Costs' 'third Party Payer' 'legal Profession Act 2004 (nsw), S 350']
['costs' 'legal Profession'] ['costs Follow the Event' 'assessment of Legal Costs' 'third Party Payer' 'legal Profession Act 2004 (nsw), S 350']

Case Brief

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Procedural Posture

Costs / Costs Determination Following Determination of the Plaintiff's Application

Legal Issues

  1. 1 ['Whether the successful plaintiff should receive its costs of the proceedings.' 'Whether an application under s 350 of the Legal Profession Act 2004 (NSW) required the applicant to pay costs even if successful.' "Whether the defendants' failure to provide information in response to reasonable requests justified a costs order against them."]

Ratio Decidendi

The plaintiff was successful in the proceedings and the dispute could have been avoided if the landlord and solicitor had provided information in response to the tenant's reasonable requests; the ordinary rule that costs follow the event therefore warranted an order that the defendants pay the plaintiff's costs.

Court Disposition

Defendants to pay plaintiff's costs of the proceedings.

Orders

  • ["The defendants pay the plaintiff's costs of the proceedings."]