Blacktown City Council v Concato (No 5) [2020] NSWSC 135

Supreme Court New South Wales

Medium Neutral Citation: Blacktown City Council v Concato (No 5) [2020] NSWSC 135 Hearing dates: In chambers on the papers Date of orders: 28 February 2020 Decision date: 28 February 2020 Jurisdiction: Common Law Before: Campbell J Decision: Revoke order 4 pronounced on 17 January 2020 and instead order the first and second defendants to pay 50 percent of the plaintiff's costs of the proceedings Catchwords: CIVIL PROCEDURE — costs — general rule that costs follow the event — ordinary to award costs to successful party — exception where issues are dominant and can be separated — adjust cost order based on time dedicated to unsuccessful issue Legislation Cited: Land Acquisition (Just Terms Compensation) Act 1991 Civil Procedure Act 2005 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Blacktown City Council v Concato (No. 4) [2020] NSWSC 9. Council for the City of Ryde vAzizi [2019] NSWSC 1605 Hoy v Coffs Harbour City Council [2016] NSWCA 296; 218 LGERA 411 James v Surf Road Nominees Pty Ltd (No 2) [2005] NSWCA 296 Cretazzo v Lombardi (1975) 13 SASR 4 Hughes v Western Australian Cricket Association (1986) 8 ATPR 40-748 Oshlack v Richmond River Council (1998) 193 CLR 72 Category: Costs Parties: Blacktown City Council (Plaintiff) L. and V Concato (First and Second Defendants) Valuer-General of New South Wales(Third Defendant) Representation: Counsel: P. Tomasetti SC with A. Hemmings and L Nurpuri (Plaintiff) I. Hemmings SC with K Lindeman (First and Second Defendants) L. Waterson (Third Defendant)