Carlene Randall v City of Canada Bay Council (No 5)

[2015] NSWSC 1841

Supreme Court of NSW

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule — costs follow the event
4. › Whether departure from usual rule justified
5. › Whether costs should be deferred pending foreshadowed motion to set aside judgment
6. › Whether costs should be apportioned by reference to issues
7. › UCPR Pt 42

Quick Take

A straightforward application of the usual costs rule following dismissal of proceedings. Where issues on which the successful party lost are integrally tied up with the issues raised by the unsuccessful party, it is not appropriate to apportion costs by reference to individual issues. A foreshadowed motion to set aside a judgment does not justify deferring a costs order.