McIntosh v Morris

• 1. Costs
  2. › Party/party costs
  3. › Exceptions to general rule that costs follow the event
  4. › Proceedings discontinued or dismissed
  5. › Whether parties acted reasonably
  6. › Calderbank offers
  7. › Whether offer bettered by result obtained
  8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.20
• 1. Torts
  2. › Trespass to land
  3. › Continuing trespass
  4. › Subterranean encroachment
  5. › Where defendants not in possession when encroachment constructed
  6. › Whether defendants liable for trespass committed by predecessor in title
  7. › Whether encroaching material affixed to defendants' land became fixture on plaintiffs' land
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Costs hearing
  4. › Whether denial of procedural fairness where judge treated documents accompanying submissions as evidence

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