Devereaux v Kyriazis (No 2) [2020] NSWLEC 17

Land and Environment Court New South Wales

Medium Neutral Citation: Devereaux v Kyriazis (No 2) [2020] NSWLEC 17 Hearing dates: 26 February 2020 Date of orders: 26 February 2020 Decision date: 26 February 2020 Jurisdiction: Class 3 Before: Moore J Decision: See orders at [23] Catchwords: COSTS - application for indemnity costs - principal proceedings settled by consent with costs reserved - costs application based on letters said to be Calderbank offers - process of exchange of offers and counter offers - offers included terms not capable of resulting in orders of the court to be effected - no proper basis for making costs order on basis of refusal of offers - costs application dismissed COSTS OF COSTS APPLICATION - ordinarily costs of costs application will follow the event unless otherwise ordered - failure of solicitor for costs Respondents to address alleged Calderbank offers - costs application dismissed on basis not dealt with by costs Respondents' solicitor - appropriate to "otherwise order" pursuant to r 42.1 of the Uniform Civil Procedure Rules 2005 - no order for costs of the costs application Legislation Cited: Civil Procedure Act 2005, s 98 Encroachment of Buildings Act 1922, s 14 Uniform Civil Procedure Rules 2005, r 42.1 Cases Cited: Calderbank v Calderbank (1975) 3 All ER 333 Devereaux v Kyriazis [2020] NSWLEC 1048 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6, 186 CLR 622 Category: Costs Parties: Mr C Devereaux (First Applicant) Ms B Devereaux (Second Applicant) Mr J Kyriazis (First Respondent) Ms S Kyriazis (Second Respondent) Representation: Counsel: Applicants in person