Laming v Jennings (No 2)

The case of Laming v Jennings (No 2) involved a dispute between the parties regarding the easement of a right to use an area as a garden or backyard. The matter was heard in the Supreme Court of South Australia. The primary issue before the court was whether there were special circumstances that would justify a departure from the usual basis for awarding costs, particularly whether the successful plaintiff’s costs should be reduced on the issues it failed on, and if an issue-by-issue approach should be adopted. Additionally, the court considered the doctrine of lost modern grant concerning the easement in question.

The court examined whether special circumstances existed to justify a departure from the usual basis for awarding costs. It considered whether the successful plaintiff's costs should be reduced on the issues it failed on and if an issue-by-issue approach to awarding costs should be adopted. The court also deliberated on the doctrine of lost modern grant and whether it applied to the easement in question. Ultimately, the court found that special circumstances did not warrant a departure from the usual basis for awarding costs, and the successful plaintiff's costs should not be reduced on the issues it failed on. However, the court adopted an issue-by-issue approach to awarding costs. The doctrine of lost modern grant was found to apply, granting the plaintiff the easement they sought.

The Supreme Court of South Australia ruled that the successful plaintiff's costs should not be reduced on the issues it failed on, and that an issue-by-issue approach should be adopted for awarding costs. The doctrine of lost modern grant was applied in favour of the plaintiff, granting them the easement they sought. The court provided detailed reasoning for its decision, ensuring that the outcome was transparent and justifiable. The final orders of the court included the granting of the easement to the plaintiff, with the costs awarded based on the issue-by-issue approach.