Makowska v St George Community Housing Limited

[2025] NSWCA 61

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Party/party costs
3. › General rule that costs follow the event
4. › Unsuccessful party seeking costs order in its favour
5. › Whether rejection of settlement offer by successful party warranted departure from general rule
6. › Whether Model Litigant Policy for Civil Litigation applied to independent entity
1. Appeal
2. › Leave to appeal
3. › Costs decisions
4. › Added restraint in reviewing costs decisions
5. › Whether proposed appeal raised issue of principle or public importance or reasonably clear injustice

Quick Take

The NSW Model Litigant Policy for Civil Litigation applies only to the State or its agencies and does not extend to independent entities such as community housing providers managing property on behalf of the Land and Housing Corporation.