COSTS - various Calderbank offers in all proceedings - no basis arising from any of these offers to support any indemnity costs order in any aspect of the proceedings
COSTS - Supreme Court proceedings seeking imposition of an easement on adjoining land for creation of an Asset Protection Zone - presumption in s 88K(5) of the Conveyancing Act 1919 that the applicant for easement should pay the costs of the owner of the land proposed to be burdened by the easement - no basis to depart from that presumption - no basis to award costs on an indemnity basis - costs awarded to respondent on the ordinary basis
COSTS - cross-claim in Supreme Court proceedings seeking ordinary and exemplary damages for trespass - cross-claimant successful in obtaining exemplary damages order - ordinary damages not awarded in light of outcome of Land and Environment Court proceedings - costs follow the event - costs awarded to cross-claimant on the ordinary basis
COSTS - Land and Environment Court proceedings seeking removal of road erected without consent and revegetation of road corridor - applicant successful on principally contested elements - presumption that costs follow the event - no basis to depart from the presumption and apportion costs - respondents jointly and severally liable to pay applicant’s costs on the ordinary basis
