P Brereton, “An overview of the law relating to costs assessment appeals and costs orders” (2016) 28 JOB 55, where the respondent points to significant credit problems or unnecessary costs, such as the unnecessary advance of senior counsel: Jones v Sutton (No. 2)  NSWCA 203. Alternatively or in addition, it may be requested to limit the costs of the consideration: Craigcare Group Pty Ltd v. Superkite Pty Ltd  NSWSC 326. Unreasonable or inappropriate conduct is not necessary to justify moderation of an order for costs to reflect a party`s failure on a particular point: Short v. Crawley (No. 40)  NSWSC 1302 to  LiquidatorsThe principles according to which a liquidator may be ordered to bear costs personally, were filed against a company in liquidation in Mead v Watson as liquidator for Hypec Electronics (2005) 23 CCLA 718 to ff. See also Arena Management Pty Ltd (Receiver & Manager Appointed) v Campbell Street Theatre Pty Ltd (2011) 80 NSWLR 652; Joubert v Campbell Street Theatre Pty Ltd (in liq)  NSWCA 302. Inappropriate conduct or “relevant delinquency” in the proceedingEvidence of actual misconduct is not required. Conduct of the type known as a “cart loading dispute” may be sufficient to order compensation: Michael Wilson & Partners Ltd v Nicholls  NSWSC 669 to –. Examples include the unnecessary prolongation of proceedings (Degmam Pty Ltd (in liq) v. Wright (No. 2), supra, at p.
358); unsubstantiated allegations of fraud or improper conduct (Maule/Liporoni [No. 2] (2002) 122 LGERA 216, p. 2. 229); failure to make a suitable discovery (Masha Nominees Pty Ltd v Mobil Oil Australia Pty Ltd (No. 2)  VSC 56 to –); make numerous changes (Qantas Airways Ltd v. Dillingham Corporation Ltd (unrep, 14/5/87, NSWSC)); intentional or arbitrary conduct (Rouse/Shepherd (No. 2) (1994) 35 NSWLR 277); behaviour that causes anxiety, embarrassment, or unnecessary costs, such as due process (FAI General Insurance Co Ltd v Burns (1996) 9 ANZ Ins Cas 61-384); contempt of court (O`Keefe v Hayes Knight GTO Pty Ltd  FCA 1559 at ); perverse persistence of an unrepresented litigant with a desperate claim: Rose v Richards  NSWSC 758. The refusal to withdraw an abusive reservation often leads to such an order: Martin v Carlisle  NSWSC 1276. Article 98 of Article 98 of the IPC on Other Cost Assessments Against Non-Participants provides a general power to issue costs orders against parties and third parties.
So far, non-partisan orders have been rare, but following the repeal of section 42.3 of the RPCP (formerly Pt 52A r 4 Supreme Court Rules 1970), there is no specific provision limiting the order of costs against non-parties: Arena Management Pty Ltd (Receiver & Manager Appointed) v Campbell Street Theatre Pty Ltd, supra, at . Prior to the High Court`s decision in Bell Lawyers Pty Ltd v. Pentelow  HCA 29, the courts recognized that a lawyer acting in his own name was not in the same situation as a litigant personally (the Chorley exception) and could therefore claim court costs: Guss v Veenhuizen (No. 2) (1976) 136 CLR 47; Wang v Farkas (2014) 85 NSWLR 390 (with respect to a lawyer); Pentelow v. Bell Lawyers Pty Ltd  NSWCA 150; Ada Evans Chambers Pty Ltd v Santisi  NSWSC 538 at – (in relation to counsel). A “Sanderson Order” is more direct and requires only the losing defendant(s) to pay the costs of the winning defendant, thereby completely excluding the plaintiff from the proceedings: Sanderson v Blyth Theatre Co  2 KB 533. The benefits of such a decision apply in particular in the case of an insolvent losing party. It also has the advantage of eliminating unnecessary administrative and procedural steps: Coombes v Roads and Traffic Authority (No.
2)  NSWCA 70 to . For a comparison of the two types of contracts, see Simmons v Rockdale City Council (No. 2)  NSWSC 1275. It is within the legitimate scope of the power conferred by section 98 of the PCA to order costs in favour of a plaintiff against a defendant with whom that plaintiff has not joined, if that defendant`s conduct was the cause of the dispute: Vameba Pty Ltd v Markson  NSWCA 266. The NSW Civil Procedure Handbook contains a detailed analysis of estate, estate, funds and trust costs at [r Pt42.340], [r Pt42.200]–[r Pt42.250] and SCR 78.0.140. An application for limitation of costs may also be made to the court: Nicholls v Michael Wilson Partners Ltd (No. 2)  NSWCA 141. These occur mainly in proceedings in which the parties effectively plead on the same wallet, such as family arrangements or de facto property disputes; See [8-0120]. In such cases, the Tribunal may, at the request of the parties or on its own initiative, limit court costs under subsection 42.4(1) of the UCPR prospectively (Dal Pont 7.42-7.47) or retroactively (Nudd v Mannix  NSWCA 327); see NSW Civil Procedure Handbook at [CPA 98.80], [r 42.4.100], Hamilton J., “Containment of Costs: Litigation and Arbitration” (1 June 2007) and Practice Note SC Eq 7.
The “event” is not limited to issues in the technical sense of oral arguments, but extends to all issues of law and fact in dispute: Cretazzo v. Lombardi (1975) 13 SASR 4-12. On the meaning of “event” in relation to specific legislation, such as cases under the Property (Relationships) Act 1984, see Baker v Towle (2008) 39 Fam LR 323, –. When family benefit proceedings are initiated, the “event” is “the overall justice of the case” (Singer/Berghouse (1993) 114 ALR 521, 522 per Gaudron J.); these fees are generally paid from the estate by analogy with the Succession Act 2006 (NSW) s 99: Jvancich v Kennedy (No 2)  NSWCA 397. One plaintiff cannot succeed in all defendants. If costs follow the event, the plaintiff should pay the costs of the winning defendant even if he won the case: NSW Civil Procedure Handbook at [r Pt42.250]. In these circumstances, a court may, at its discretion, make special orders to ensure that these costs are borne by the defendant(s) who have been unsuccessful: Gould v Vaggelas (1985) 157 CLR 215. Directors of limited liability companies: In Naomi Marble & Granite Pty Ltd v FAI General Insurance Co Ltd (No. 2)  1 Qd R 518, Shepherdson J.
made an order for costs not only against the directors but also against the witnesses when a fraudulent insurance claim was made. In Be Financial Operations Trust v. NSWCA 164  indicates to Basten J. (at pages –) that a more than disputed error must be established; It must also be a matter of principle. Conduct that demonstrates the belief that a practitioner is personally bearing the costs includes: The authority to award compensation costs is found in paragraphs 98(1)(c) and r 42.5 of the CPA: see NSW Civil Procedure Handbook at [r 42.5.40]. Discretion, while absolute, must be exercised before the courts (Mead v Watson (2005) 23 CCLA 718 at ) and subject to careful scrutiny (Degmam Pty Ltd (In Liq) v Wright (No. 2)  2 NSWLR 354), as courts should exercise caution in such an award: Leichhardt Municipal Council v Green  NSWCA 341; Ng v. Chong  NSWSC 385 to . There does not appear to be a fixed rule or justification as to when discretion may be exercised (Harrison v Schipp  NSWCA 13 at ), except that it requires a “sufficient or unusual characteristic” (Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 to 233-234) or “relevant delinquency”: Oshlack v Richmond River Council (1998) 193 CLR 72. This is not moral delinquency or ethical deficiency, but “delinquency” that is relevant to the course of the case: Ingot Capital Investment v Macquarie Equity Capital Markets Ltd (No. 7) (2008) 65 ACSR 324 at ; Liverpool City Council v Estephan  NSWCA 161 to .
The award of compensation must be compensatory and not punitive: Hamod v State of NSW (2002) 188 ALR 659. A formal warning of intent to claim indemnification costs will increase the likelihood that compensation costs will be awarded: Huntsman Chemical Co Aust Ltd v International Pools Aust Pty Ltd (1995) 36 NSWLR 242. While some courts distinguish between an order to pay attorneys` or clients` fees and compensation costs (Firth v Hale-Forbes (No. 2)  FamCA 814 at –), others consider these terms to be largely interchangeable: Rapuano (t/as RAPS Electrical) v Karydis-Frisan, 2013 SASCFC 93 to –; Secure Funding Pty Ltd v Conway, 2013 NSWSC 1536 at ; Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2)  NSWCA 171 at .