Australia, Sept. 6 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 5:

1. This is a judgment on costs. It follows my judgment on 26 June 2025, dismissing the appeal against the decision of Magistrate Brender dated 11 July 2024. As Norri indicated she was seeking a costs order based on a Calderbank offer, I vacated the costs order that I made when I handed down my judgment.

2. For convenience, and without intending any disrespect, I will refer to the parties by name as I did in my judgment dated 26 June 2025. Both parties have filed and relied upon their written submissions.

3. Norri seeks that the Court order Vakiloroaya to pay her costs on an indemnity basis and as a gross sum of $29,700.00. She relies on the affidavit of David Leamey (Mr Leamey), her solicitor, sworn 2 July 2025.

4. Vakiloroaya opposes Norri's proposal seeking costs on an indemnity basis and in a gross sum on the basis that he did not accept Norri's offer to 'walk away with each party bearing their own costs'. Vakiloroaya submitted that Norri has not established a legal basis for the Court to depart from the general rule, and that Norri's costs should be as agreed or assessed on an ordinary basis.

The law

5. The starting point in relation to costs is s 98 of the Civil Procedure Act 2005 (NSW) (CPA), which relevantly reads:

98 Courts powers as to costs

(1) Subject to rules of court and to this or any other Act:

(a) costs are in the discretion of the court, and

(b) the court has full power to determine by whom, to whom and to what extent costs are to be paid, and

(c the court may order that costs are to be awarded on the ordinary basis or on an indemnity basis.

(2) Subject to rules of court and to this or any other Act, a party to proceedings may not recover costs from any other party otherwise than pursuant to an order of the court.

(3) An order as to costs may be made by the court at any stage of the proceedings or after the conclusion of the proceedings.

(4) In particular, at any time before costs are referred for assessment, the court may make an order to the effect that the party to whom costs are to be paid is to be entitled to:

(a) costs up to, or from, a specified stage of the proceedings, or

(b) a specified proportion of the assessed costs, or

(c) a specified gross sum instead of assessed costs, or

(d) such proportion of the assessed costs as does not exceed a specified amount.

[My emphasis added.]

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/198783b42dcacab77955116e)

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