Knox Farms Pty Limited v Upper Lachlan Shire Council [2023] NSWSC 1601

Supreme Court New South Wales

Medium Neutral Citation: Knox Farms Pty Limited v Upper Lachlan Shire Council [2023] NSWSC 1601 Hearing dates: On the papers Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Equity - Real Property List Before: Peden J Decision: See [46] Catchwords: COSTS — Party/Party — Costs thrown away by reason of amendment of pleadings — Whether costs of whole proceedings to date of the amendment should be ordered COSTS — Party/Party — Where no hearing on the merits — Where claims against particular party discontinued — Whether effective discontinuance of claims against other parties — Whether capitulation on dismissed cross-claim and notice of motion Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 41.19, 42.7 Cases Cited: IW & CA Price Constructions Pty Ltd v Australian Building Insurance Services Pty Ltd [2017] QSC 78 Nahata v Robertson (No 2) [2023] NSWSC 1297 Nichols v NFS Agribusiness Pty Ltd (2018) 97 NSWLR 681 Re Minister for Immigration & Ethnic Affairs (Cth); Ex Parte Lai Qin (1997) 186 CLR 622 Waterman v Gerling (Costs) [2005] NSWSC 1111 Category: Costs Parties: Knox Farms Pty Ltd (Plaintiff) Upper Lachlan Shire Council (First Defendant) Cameron John Willis (Second Defendant) Tania Renae Willis (Third Defendant) McCarthy Lawyers Pty Ltd (Fourth Defendant) Timothy McCarthy (Fifth Defendant) Dominic McCarthy (Sixth Defendant) Representation: Counsel: B Le Plastrier (Plaintiff) T Bagley (First Defendant) D Stewart (Second and Third Defendants) T Harris-Roxas (Fourth, Fifth and Sixth Defendants)