Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc (No 3) [2020] NSWSC 35

Supreme Court New South Wales

Medium Neutral Citation: Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc (No 3) [2020] NSWSC 35 Hearing dates: On the papers Date of orders: 04 February 2020 Decision date: 04 February 2020 Jurisdiction: Equity Before: Darke J Decision: Order that the defendant pay the first plaintiff's costs of the proceedings on the ordinary basis. Catchwords: COSTS – departure from the usual rule – where first plaintiff successful in obtaining orders for specific performance of a contract for the sale of land – where defendant maintained in correspondence that the claim was hopeless – where parties engaged in settlement negotiations – where the defendant filed a submitting appearance – no reason to depart from the usual rule – defendant ordered to pay the first plaintiff's costs of the proceedings on the ordinary basis Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Conveyancing Act 1919 (NSW), ss 23C, 54A Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: BMI v Federated Clerks Union of Australia (1983) 51 ALR 401 Church of the Foursquare Gospel (Australia) Ltd v New Hope Church Swansea Inc [2019] NSWSC 519 Commissioner of Taxation v Warner (No 2) (2015) 337 ALR 350 Delvetor Property Group Pty Ltd v Newcastle City Council [2001] NSWLEC 47 Dougan v Ley (1946) 71 CLR 142 Kisimul Holdings Pty Ltd v Clear Position Pty Ltd (No 2) (2014) 86 NSWLR 645; [2014] NSWCA 317 Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc [2019] NSWSC 1131 Lithgow State Mine Railway Ltd v City of Greater Lithgow Mining Museum Inc (No 2) [2019] NSWSC 1468 Lou v IAG Limited t/as NRMA Insurance [2019] NSWCA 319 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Trust Co of Australia Ltd v Perpetual Trustees WA Ltd (1995) 36 NSWLR 654 Category: Costs Parties: Lithgow State Mine Railway Ltd (First Plaintiff) COC Ltd (Second Plaintiff) City of Greater Lithgow Mining Museum Inc (Defendant) Representation: Counsel: Mr R K Weaver (Plaintiffs)