Recent Cases

Filetron Pty Ltd v Innovate Partners Pty Ltd atf Banton Family Trust 2 and Goulburn Mulwaree Council (No 2) [2024] NSWCA 72 (04 April 2024) (Ward P, Gleeson and White JJA)


COSTS – Party/Party – as to the costs of the proceedings at first instance, whether should be deduction to reflect costs incurred prior to amendment of summons in relation to claims or contentions then abandoned – Whether parties should bear their own costs in respect of a notice of motion filed by the second respondent under s 25C of the Land and Environment Court Act in the proceedings before the primary judge, in circumstances where primary judge was found to have erred in concluding that development consent was validly issued – Where the notice of motion would not have been necessary but for determination (overturned on appeal) that development consent valid

COSTS – Party/Party – Apportionment of costs as between respondents following successful appeal – Where second respondent’s participation at first instance and on appeal was limited having regard to Hardiman principles – Whether costs liability should be joint and several or limited in the proportions indicated by the primary judge