Lord v McMahon (No. 5) [2017] NSWSC 819

Supreme Court New South Wales

Medium Neutral Citation: Lord v McMahon (No. 5) [2017] NSWSC 819 Hearing dates: 7 March 2017 Date of orders: 03 July 2017 Decision date: 03 July 2017 Jurisdiction: Equity Before: Slattery J Decision: Global costs order made in respect of all issues in the proceedings. Defendant ordered to pay 40% of the plaintiff's costs of the proceedings. Catchwords: COSTS – plaintiff partially successful in action for nuisance and trespass – defendant/cross-claimant unsuccessful on Cross-Claim for proprietary estoppel and for relief under the Encroachment of Buildings Act 1922 – consideration of the appropriate order for costs to take account of the parties' partial success and partial failure in the proceedings – whether issues on which the plaintiff was successful are severable from those on which it was unsuccessful, such that separate costs orders should be made on each issue. Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Encroachment of Buildings Act 1922 Cases Cited: Hancock v Rinehart (Costs) [2016] NSWSC 11 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Lord v McMahon [2015] NSWSC 1619 Lord v McMahon (No. 2) [2016] NSWSC 1153 Lord v McMahon (No. 3) [2016] NSWSC 1686 Lord v McMahon (No. 4) [2016] NSWSC 1854 Re Estate of Hodges (dec'd): Shorter v Hodges (1988) 14 NSWLR 698 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Category: Costs Parties: Plaintiff: Heather Lord Defendant: Stephen McMahon Representation: Counsel: Plaintiff: C.A. Vinden Defendant: G. Waugh