COSTS - Applicant commences Class 4 civil enforcement proceedings - Respondents’ cross-claim pursuant to Encroachment of Buildings Act 1922 in Class 3 - consideration of regime within which costs are appropriate to be determined - costs appropriate to be determined on the basis applicable in Class 4 proceedings
COSTS - Calderbank offer by Applicant - offer rejected by Respondents - Applicant seeks indemnity costs based on offer said to propose outcome more advantageous to Respondents than result of the proceedings - tests to be applied - outcome of proceedings more favourable to Respondents than terms of offer - indemnity costs rejected
COSTS - Applicant not completely successful - Respondents propose apportionment of costs - presumption costs follow the event in Class 4 proceedings - apportionment not appropriate - Applicant awarded costs - costs to be as agreed or assessed
COSTS - Applicant proposes variation to an aspect of the determined outcome in the primary proceedings - no proper procedural basis for doing so - no evidentiary basis for doing so - abuse of process - appropriate to award costs of this element of the proceedings to the Respondents - abuse of process warrants these costs to be on an indemnity basis
Case Details
Citation[2017] NSWLEC 76
CourtNSWLEC
JurisdictionNew South Wales
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