Newcastle City Council v Batistatos; Roads and Traffic Authority of NSW v Batistatos

Newcastle City Council and the Roads and Traffic Authority of NSW (the appellants) appealed to the New South Wales Court of Appeal against orders made by the primary judge in favour of the respondent, Mr Batistatos. The dispute concerned the assessment of costs following a judgment in favour of Mr Batistatos.

The central legal issue before the Court of Appeal was whether the primary judge had erred in making certain costs orders, specifically in relation to costs sought on the basis of written submissions made after the substantive judgment had been delivered. The appellants contended that the primary judge had no power to make such orders.

The Court of Appeal held that the primary judge did have the power to make the costs orders in question. The Court reasoned that the power to make costs orders extended to costs incurred in relation to the determination of costs, even if that determination was made on written submissions after the main judgment. The Court found no question of principle was involved and that the primary judge had acted within their discretion.

The appeals were dismissed.