Colquhoun v District Court of New South Wales (No 2)

Case

[2015] NSWCA 54

18 March 2015


Details
AGLC Case Decision Date
Colquhoun v District Court of New South Wales (No 2) [2015] NSWCA 54 [2015] NSWCA 54 18 March 2015

CaseChat Overview and Summary

In *Colquhoun v District Court of New South Wales (No 2)*, the appellant sought a lump sum costs order against the respondent. The application was heard by the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether there was an evidentiary basis to support the exercise of discretion to make a lump sum costs order.

The Court of Appeal found that the appellant had failed to provide sufficient evidence to justify making a lump sum costs order. Without an adequate evidentiary foundation, the Court could not be satisfied that such an order was appropriate or warranted. Consequently, the Court dismissed the appellant's notice of motion.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

Actions
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Cases Cited

5

Statutory Material Cited

1

Harrison v Schipp [2002] NSWCA 213