Blacktown City Council v Concato (No 5)

The case of Blacktown City Council v Concato (No 5) arose from a dispute over a claim by the council for costs incurred in a protracted legal battle. The council sought an order for costs against Concato, the defendant, who had unsuccessfully defended against the council's actions. The matter was heard in the Supreme Court of New South Wales, which was required to determine the appropriate allocation of costs given the complex nature of the litigation.

The primary legal issue before the court was whether the general rule that costs follow the event should be applied, or if an exception to this rule was warranted. The court had to consider whether the issues in the case were dominant and could be separated, potentially allowing for a more equitable distribution of costs. The court was also required to decide if it was appropriate to adjust the cost order based on the time and resources dedicated to the unsuccessful issues in the case.

In delivering the judgment, the court recognised that while the general rule is that costs follow the event, there are circumstances where this rule may be departed from. The court found that in this case, the issues were not entirely dominant and could not be clearly separated. However, the court also considered the significant amount of time and resources spent on issues that ultimately did not succeed. The court concluded that it was appropriate to adjust the cost order to reflect the disproportionate time spent on the unsuccessful issues. The court ordered that Concato pay a reduced amount of costs to the council, acknowledging the time spent on issues that did not succeed.

The court's final orders included a reduced costs award to the Blacktown City Council, reflecting the time and resources dedicated to issues that did not ultimately succeed. The decision highlights the court's ability to adjust cost orders where the circumstances warrant a departure from the general rule, ensuring a more equitable outcome in complex litigation.