Waverley Council v Bobolas [2012] NSWLEC 167

Waverley Council v Bobolas [2012] NSWLEC 167

The Court was not satisfied the respondents had demonstrated disentitling conduct or any other exceptional circumstance warranting departure from the usual order that costs follow the event, except as conceded by the applicant regarding the costs of negotiations with the NSW Trustee and Guardian.

Parties
Applicant: Waverley Council; First Respondent: Mary Bobolas; Second Respondent: Liana Bobolas; Third Respondent: Elena Bobolas
Jurisdiction
Australia
Judgment Date
23 July 2012
Procedural Posture
Class 4 Civil Enforcement Proceedings / Costs Application After Substantive Orders and Unsuccessful Injunctive Relief
Outcome
Respondents to pay applicant's costs, excluding some costs as specified.
Legal Topics
Civil Procedure, Enforcement Proceedings, Costs Orders
Costs Civil Procedure Enforcement Proceedings Costs Orders

Case Brief

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Parties

Waverley Council

Applicant

Mary Bobolas

First Respondent

Liana Bobolas

Second Respondent

Elena Bobolas

Third Respondent

Procedural Posture

Class 4 Civil Enforcement Proceedings / Costs Application After Substantive Orders and Unsuccessful Injunctive Relief

Legal Issues

  1. 1 Whether the respondents should pay the applicant council's costs of the civil enforcement proceedings
  2. 2 Whether any disentitling conduct or circumstances justify departure from the usual costs order
  3. 3 Whether costs hearing should be adjourned

Ratio Decidendi

The Court was not satisfied the respondents had demonstrated disentitling conduct or any other exceptional circumstance warranting departure from the usual order that costs follow the event, except as conceded by the applicant regarding the costs of negotiations with the NSW Trustee and Guardian.

Court Disposition

Respondents to pay applicant's costs, excluding some costs as specified.

Orders

  • The respondents are to pay the applicant's costs of the proceedings excluding the costs of negotiations with the NSW Trustee and Guardian in respect of the settlement of costs and preparation of documents for the Court to approve settlement of costs for these proceedings and other proceedings.
  • Exhibit A may be returned.