The Court made final orders giving effect to its earlier quia timet nuisance finding, requiring the defendant to undertake stormwater remediation works contingent on the plaintiff first obtaining necessary easements over third-party land, with costs shared 63/37. On costs, the plaintiff was awarded 80% of its costs on an impressionistic assessment, reflecting that it succeeded on the event (obtaining injunctive relief) but failed on some issues including proving existing slope instability and obtaining soil nail orders. The Court declined to backdate interest on costs under s 101(5) of the Civil Procedure Act, holding that delay in the litigation and the existence of important costs orders in the defendant's favour weighed against departure from the default position.
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