UTSG Pty Ltd v Sydney Metro (No 2) [2018] NSWLEC 199

UTSG Pty Ltd v Sydney Metro (No 2) [2018] NSWLEC 199

Because the applicant's failure to comply with the Notice to Produce and subsequent court orders was unreasonable and caused unnecessary interlocutory attendances, the applicant should pay the respondent's costs for specified attendances and preparation, but only 75% of costs for one attendance where the applicant was not wholly at fault, with all such costs to be respondent's costs in the cause, payable upon final determination.

Jurisdiction
Australia
Judgment Date
14 December 2018
Procedural Posture
Compensation/costs (land and Environment Court) / Interlocutory Costs Determination, Pre Trial
Outcome
Applicant ordered to pay respondent's interlocutory costs, specified in detail, as respondent's costs in the cause, with 75% only for one attendance; payment deferred until final determination.
Legal Topics
['interlocutory Costs' 'notice to Produce' 'compulsory Acquisition' 'compensation Proceedings' 'non Compliance With Court Orders']
['land Acquisition' 'civil Procedure' 'costs Law'] ['interlocutory Costs' 'notice to Produce' 'compulsory Acquisition' 'compensation Proceedings' 'non Compliance With Court Orders']

Case Brief

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Procedural Posture

Compensation/costs (land and Environment Court) / Interlocutory Costs Determination, Pre Trial

Legal Issues

  1. 1 ["Whether the applicant should pay the respondent's costs for interlocutory attendances occasioned by failure to comply with Notice to Produce and resulting court orders" 'Appropriate allocation of costs regarding partial and full compliance with interlocutory orders' 'Timing of payment of any costs awarded']

Ratio Decidendi

Because the applicant's failure to comply with the Notice to Produce and subsequent court orders was unreasonable and caused unnecessary interlocutory attendances, the applicant should pay the respondent's costs for specified attendances and preparation, but only 75% of costs for one attendance where the applicant was not wholly at fault, with all such costs to be respondent's costs in the cause, payable upon final determination.

Court Disposition

Applicant ordered to pay respondent's interlocutory costs, specified in detail, as respondent's costs in the cause, with 75% only for one attendance; payment deferred until final determination.

Orders

  • ["UTSG Pty Ltd is to pay the costs of Sydney Metro of the Notice to Produce filed on 17 May 2018 and attendances before the Court on 22 June 2018, 2, 3 and 23 July 2018, and the respondent's costs for preparation for the attendance on 26 July 2018." 'UTSG Pty Ltd is to pay 75% of the costs of Sydney Metro for the...