Galati v Deans (No 3)

In Galati v Deans (No 3), the plaintiff, Mr Galati, brought an application for costs against the defendant, Mr Deans, following a dispute over an easement. The case was heard in the Supreme Court of New South Wales. The plaintiff sought an order that costs incurred in the proceedings be paid by the defendant, arguing that the defendant's claim was without merit and had been pursued unreasonably.

The court was required to consider the general rule that costs follow the event, which generally means that the losing party in litigation must pay the winning party's costs. The court also needed to assess whether there were any circumstances that warranted a departure from this general rule, exercising its discretion to order costs in a manner that would be just and equitable.

The court held that the general rule of costs following the event should apply in this case, and that there were no exceptional circumstances warranting a departure from this rule. The court found that the defendant's claim was without merit and had been pursued unreasonably, justifying an order that the plaintiff's costs be paid by the defendant. The court concluded that it would be just and equitable to order the defendant to pay the plaintiff's costs in full.

The court made an order that the defendant pay the plaintiff's costs of the proceeding, including the costs of an appeal to the Court of Appeal and a subsequent application to the Full Court.