Event and Time
Event Description
- Case centered around costs ordered by the court following non-compliance by both parties with a Judicial Registrar’s directive to engage in alternative dispute resolution before a specified date (30 September 2019).
- Hearing was scheduled to commence on 28 October 2019.
Application and Claims
- Both parties failed to adhere to the court's order regarding alternative dispute resolution, prompting a question of how costs should be allocated.
- Each party sought to limit their liability for costs related to the non-compliance.
Judicial Decisions
1. The plaintiff is required to pay the defendant's costs up until 30 September 2019, subject to a limitation of only those costs incurred properly. 2. The defendant is responsible for his own costs incurred after 30 September 2019. 3. The plaintiff is to bear his own costs throughout the proceedings. 4. A note was made for any Costs Assessor to disregard costs arising from misformulation and preparation for trial due to late realization that the Civil Liability Act 2005 (NSW), especially section 5O, was not applicable to this case.
Dispute Points and Legal Basis
Dispute Points
- Plaintiff's Arguments:
- The plaintiff contended that they should not be fully responsible for all costs due to the failure to comply with the direction for alternative dispute resolution. - They may have claimed that the defendant also failed in their obligations by not notifying the court of non-compliance.
- Defendant's Arguments:
- The defendant sought costs primarily incurred up until the deadline for alternative dispute resolution. - They maintained that post-deadline costs should not fall to them due to procedural non-compliances by the plaintiff.
- Reasoning Logic: