DECLARATIONS - nature of - absence of hearing on merits - when declaration may be made by consent
COSTS - whether payable in absence of hearing on merits - distinction between capitulation and compromise
SEPARATE QUESTION - whether separate question an "event" from which costs may follow - success in totality of proceedings not required - Civil Procedure Act 2005 (NSW) Section 98
COSTS - payable forthwith - when departure from rule justified - identifiable and discrete issue - "just, quick and cheap" resolution of the real issues - courts obligation to identify separate issues to expedite resolution - Civil Procedure Act 2005 (NSW) Section 56 - Uniform Civil Procedure Rules Rule 42.7
Case Details
Citation[2011] NSWSC 822
CourtNSWSC
JurisdictionNew South Wales
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