Hopkins v Quinn (No 2) [2018] NSWLEC 187

Land and Environment Court New South Wales

Medium Neutral Citation: Hopkins v Quinn (No 2) [2018] NSWLEC 187 Hearing dates: 1 November 2018 Date of orders: 16 November 2018 Decision date: 16 November 2018 Jurisdiction: Class 4 Before: Moore J Decision: (1) The Respondents are to pay the Applicant's costs up to 26 April 2018 on an ordinary basis as agreed or assessed; (2) The Applicant is to pay the Respondents' costs from 27 April to 8 August 2018 on an ordinary basis as agreed or assessed; and (3) The Applicant is to pay the Respondents' costs of the costs hearing on an indemnity basis. Catchwords: COSTS - reason to depart from "costs follow the event" on hearing - offers made - none effectual - costs to be on ordinary basis - finding in substantive judgment of "tipping point" on issues - appropriate to apportion costs - costs orders made concerning substantive hearing on apportioned basis COSTS - costs of costs hearing - view put in substantive proceedings as to proposed costs outcome - position accepted by respondent - position challenged by applicant - position advanced by applicant entirely without merit - appropriate to make special costs orders for costs hearing - applicant to pay respondents' costs of costs hearing on an indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW), s 98(1) Legal Profession Uniform Law Application Act 2014 (NSW) Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Brown v Randwick City Council (2011) 183 LGERA 382; (2011) NSWLEC 172 Calderbank v Calderbank [1975] 3 WLR 586 Hopkins v Quinn [2016] NSWLEC 163 Hopkins v Quinn [2017] NSWLEC 31 Hopkins v Quinn [2018] NSWLEC 117 Hopkins v Quinn (No 2) [2017] NSWLEC 76 Hopkins v Quinn (No 3) [2017] NSWLEC 101 James v Surf Road Nominees (No 2) [2005] NSWCA 296 Sze Tu v Lowe (No 2) [2015] NSWCA 91 Category: Costs Parties: John Hopkins (Applicant) David Quinn (First Respondent) Maria Quinn (Second Respondent) Representation: Counsel: Mr N Eastman, barrister (Applicant) Mr G Stapleton, barrister (Respondents)