Fairfield City Council v Bastow Civil Constructions Pty Ltd (No 2) [2023] NSWSC 1216

Supreme Court New South Wales

Medium Neutral Citation: Fairfield City Council v Bastow Civil Constructions Pty Ltd (No 2) [2023] NSWSC 1216 Hearing dates: On the papers Date of orders: 13 October 2023 Decision date: 13 October 2023 Jurisdiction: Common Law Before: Mitchelmore J Decision: (1) The plaintiff is to pay the defendant's costs of the Summons. Catchwords: COSTS – Party/Party – Appeals – where practical result of appeal was that party maintained outcome it obtained before Magistrate – where parties had mixed success on issues raised – whether to depart from general rule that costs follow the event Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Civil Procedure Act 2005 (NSW), s 98(1) Cases Cited: Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Category: Costs Parties: Fairfield City Council (Plaintiff) Bastow Civil Constructions Pty Ltd (Defendant) Representation: Counsel: Mr E P Anderson (Plaintiff) Mr S Jayasuriya (Defendant)

Solicitors: McCulloch & Buggy (Plaintiff) Greenwood Lawyers (Defendant) File Number(s): 2022/261962 Publication restriction: Nil Decision under appeal Court or tribunal: Local Court of NSW Jurisdiction: Civil Citation: N/A Date of Decision: 5 August 2022 Before: Atkinson LCM File Number(s): 2020/362011