Greentree v Blacktown City Council (No 2)

Greentree v Blacktown City Council (No 2) involved the plaintiff, Mr. Greentree, who brought proceedings against the defendant, Blacktown City Council, over a matter related to costs. This case was heard in the Supreme Court of New South Wales. The primary dispute was over the appropriate basis for awarding costs to the defendant following a prior judgment in favour of the plaintiff.

The legal issues that the court had to decide included whether the plaintiff's conduct warranted the imposition of costs on an indemnity basis and whether the timing of the defendant's application for costs affected the court's discretion. The court had to consider the principles governing the award of costs, particularly in relation to a Calderbank offer and subsequent conduct of the parties. The court also had to examine the effect of the plaintiff's conduct on the progression and outcome of the proceedings.

In its decision, the court held that the plaintiff's conduct justified an indemnity costs order from a specific point in the proceedings. The court found that the plaintiff had unreasonably prolonged the proceedings and that their conduct warranted a costs order on an indemnity basis. The court also noted the importance of the timing of the defendant's application for costs and how it related to the progression of the case. Consequently, the court varied the earlier order regarding costs to reflect these findings. The plaintiff was ordered to pay the defendant's costs on an ordinary basis up until a certain date and thereafter on an indemnity basis. Additionally, the plaintiff was required to cover the defendant's costs associated with a specific notice of motion filed after the initial judgment.