Land and Environment Court
New South Wales
Medium Neutral Citation: Hopkins v Quinn (No 2) [2018] NSWLEC 187 Hearing dates: 1 November 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Class 4 Before: Moore J Decision: (1) The Respondents are to pay the Applicant's costs up to 26 April 2018 on an ordinary basis as agreed or assessed;
(2) The Applicant is to pay the Respondents’ costs from 27 April to 8 August 2018 on an ordinary basis as agreed or assessed; and
(3) The Applicant is to pay the Respondents’ costs of the costs hearing on an indemnity basis.Catchwords: COSTS - reason to depart from “costs follow the event” on hearing - offers made - none effectual - costs to be on ordinary basis - finding in substantive judgment of “tipping point” on issues - appropriate to apportion costs - costs orders made concerning substantive hearing on apportioned basis
COSTS - costs of costs hearing - view put in substantive proceedings as to proposed costs outcome - position accepted by respondent - position challenged by applicant - position advanced by applicant entirely without merit - appropriate to make special costs orders for costs hearing - applicant to pay respondents’ costs of costs hearing on an indemnity basisLegislation Cited: Civil Procedure Act 2005 (NSW), s 98(1)
Legal Profession Uniform Law Application Act 2014 (NSW)
Uniform Civil Procedure Rules 2005, r 42.1Cases Cited: Brown v Randwick City Council (2011) 183 LGERA 382; (2011) NSWLEC 172
Calderbank v Calderbank [1975] 3 WLR 586
Hopkins v Quinn [2016] NSWLEC 163
Hopkins v Quinn [2017] NSWLEC 31
Hopkins v Quinn [2018] NSWLEC 117
Hopkins v Quinn (No 2) [2017] NSWLEC 76
Hopkins v Quinn (No 3) [2017] NSWLEC 101
James v Surf Road Nominees (No 2) [2005] NSWCA 296
Sze Tu v Lowe (No 2) [2015] NSWCA 91Category: Costs Parties: John Hopkins (Applicant)
David Quinn (First Respondent)
Maria Quinn (Second Respondent)Representation: Counsel:
Solicitors:
Mr N Eastman, barrister (Applicant)
Mr G Stapleton, barrister (Respondents)
Hones Lawyers (Applicant)
Sattler & Associates (Respondents)
File Number(s): 360273 of 2017 Publication restriction: No
TABLE OF CONTENTS
Introduction
A contest on costs
The general framework for costs considerations
Introduction
Apportionment
Unaccepted offers
Costs in the first Class 4 proceedings
The offers by Mr Hopkins to the Quinns
Introduction
The common element in all of Mr Hopkins' offers
Mr Hopkins’ first offer of 12 January 2018
Mr Hopkins’ second offer of 12 January 2018
Mr Hopkins’ third offer of 12 January 2018
Mr Hopkins’ offer of 1 May 2018
Mr Hopkins’ “offer” of 10 May 2018
The Quinns’ offers to Mr Hopkins
Introduction
The Quinns’ offer of 8 February 2018
The Quinns’ offer of 25 May 2018
The costs of the costs hearing
Orders
Annexure A
Annexure B
JUDGMENT
Introduction
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This decision is about the costs of a long-running dispute between neighbours. Prior to this decision, I have already had to give five earlier decisions arising out of activities associated…
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- Case
- [2018] NSWLEC 187
- Decision Date
CaseChat Overview and Summary
The primary legal issue was the allocation of costs incurred by the parties in their legal dispute. The court had to consider the conduct of both parties, the success achieved, and the reasonableness of the costs. The Applicant argued for a full recovery of costs up until a specific date, while the Respondents contended for a more limited recovery based on their respective conduct and the outcomes of the proceedings. The court needed to balance these arguments, ensuring that the costs were distributed fairly and in accordance with the principles of cost allocation in Australian litigation.
In delivering the judgment, the court assessed the conduct of both parties throughout the litigation process. It was found that the Applicant had been successful in achieving a favourable outcome in the main proceedings, while the conduct of both parties was not entirely without fault. Consequently, the court decided to allocate costs in a manner that reflected the overall outcomes and the conduct of the parties. The Applicant was to be responsible for costs from a certain date onwards, while the Respondents were ordered to pay costs up until that date. Additionally, the Applicant was required to cover the costs of the costs hearing on an indemnity basis.
The court's final orders included the payment of costs by the Respondents up to a specified date, with the Applicant responsible for costs from that date onwards. The Applicant was also ordered to pay the Respondents' costs of the costs hearing on an indemnity basis. These orders reflect the court's assessment of the respective conduct and outcomes of the parties in the legal dispute.
Orders
Orders of the court
(1) The Respondents are to pay the Applicant's costs up to 26 April 2018 on an ordinary basis as agreed or assessed;
(2) The Applicant is to pay the Respondents’ costs from 27 April to 8 August 2018 on an ordinary basis as agreed or assessed; and
(3) The Applicant is to pay the Respondents’ costs of the costs hearing on an indemnity basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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