Donnelly v Hunter’s Hill Council (No 2) [2020] NSWDC 223

District Court New South Wales

Medium Neutral Citation: Donnelly v Hunter's Hill Council (No 2) [2020] NSWDC 223 Hearing dates: On the papers Date of orders: 20 May 2020 Decision date: 20 May 2020 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) The applications for special or limited costs orders are dismissed. (2) The defendant is to pay the plaintiff's costs of the proceedings and the costs applications on the ordinary basis as agreed or assessed. Catchwords: Costs – appropriate costs order in circumstances where plaintiff successful in obtaining order for damages and injunctive relief against the defendant Council – defendant Council submitted that the tort of private nuisance had not been established – injunctive relief obtained by the plaintiff was not as originally sought in Statement of Claim filed – alternative injunctive relief sought by plaintiff in Amended Statement of Claim filed with leave after the commencement of the final hearing – alternative submissions on costs – application by plaintiff for indemnity costs Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Donnelly v Hunters Hill Council [2020] NSWDC 76 Harrison v Schipp [2001] NSWCA 13 Mead v Watson [2005] NSWCA 133; Northern Territory v Sangare [2019] HCA 25; (2019) 265 CLR 164 Category: Costs Parties: Peter Edward Donnelly (Plaintiff) Hunter's Hill Council (Defendant) Representation: Counsel: B C Kasep (Plaintiff) D Kelly (Defendant)