29 May 2013
Landworks acted without proper purpose in applying to lapse the caveat and its conduct was reprehensible, but the circumstances did not justify solicitor/client (indemnity) costs; instead the correct award is costs on scale 2B with a 50% uplift and payment of disbursements, with no costs for attendances to argue costs.
20 May 2011
The Court held costs should be dealt with immediately and awarded to the respondent because the applicant acted unreasonably by failing to remove the caveat after warning and by pursuing a meritless caveat application (and an oral application for a second caveat) that was doomed to fail; this unreasonable conduct contributed to the expense of the proceeding and justified an increased costs award of 50% above Category 2B scale, fixed at $7,896 plus disbursements.
2 Jul 2008
The respondents' offer to not seek costs if the applicants withdrew the claim was not withdrawn and was capable of acceptance; the applicants' notice of discontinuance constituted acceptance of that offer; therefore despite the respondents being the successful party when the caveat was removed, the appropriate costs order is that no costs be awarded to either party; both costs applications are declined.
6 Dec 2007
The applicants were needlessly put to the expense of two High Court caveat applications where the respondent or its advisers could and should have ascertained the outcome and provided reasons; those circumstances justify an award of indemnity costs under r48C(4)(f) (and possibly r48C(4)(a)), but the precise quantum and allowable disbursements must be determined after the applicants file a detailed memorandum on GST, net costs and r48H disbursements; final costs order is reserved until that memorandum is received.
5 Dec 2006
The ex parte order that the caveat not lapse was set aside by consent; the court exercised its discretion to award a modest, reasonable contribution to the respondents' costs because the respondents were not responsible for causing the application and had incurred costs responding to it, and ordered the applicant to pay $500 on account of costs.