COSTS - exception to the general rule that costs follow the event - application that costs order be set aside and new order made in accordance with provisions of clause of licence - whether respondent liable to pay costs notwithstanding it was successful in litigation - whether court's discretion to order costs should be exercised to give effect to parties agreement - Civil Procedure Act 2005 (NSW), s 98 - contractual provisions not plain and unambiguous
PRACTICE AND PROCEDURE - conduct of litigation - where claims not pleaded - public interest in finality of litigation - held costs order should not be reopened
Case Details
Citation[2012] NSWSC 1098
Reported(2012) 293 ALR 158
CourtNSWSC
JurisdictionNew South Wales
Unlock so much more with Barrister AI
The full text is available to signed-in members, including the 6 later cases that cite this judgment.
1 of the 6 citing cases carry a classified treatment. How each court treated it is available to signed-in members.
