Heap, John & Anor v Olliver, Brian & Anor [1996] FCA 253

Heap, John & Anor v Olliver, Brian & Anor [1996] FCA 253

The applicants were awarded 60 per cent of their costs because, although the matters were intertwined, the reasons for judgment dealt substantially more with transactions on which the applicants succeeded than with claims on which they failed. Mr Noyce was ordered to abide his own costs because his conduct, including encouraging Mr Heap and Heap Constructions into the transactions while having acted as solicitor and business associate, materially contributed to the problems and losses dealt with in the proceedings.

Jurisdiction
Australia
Judgment Date
13 February 1996
Procedural Posture
Civil Proceedings; Costs and Entry of Judgment / Judgment and Costs Orders After Reasons Delivered on 12 December 1995
Outcome
Judgment entered for the applicants against Mr Brian Olliver, with Mr Olliver to pay 60 per cent of the applicants' costs and Mr Michael Noyce to abide his own costs.
Legal Topics
['apportionment of Costs' 'costs of Cross Respondent' 'solicitor Acting in Business and Property Development Dealings' 'negligence, Breach of Fiduciary Duty and Conflict of Interest Allegations']
['civil Procedure' 'costs' 'professional Negligence and Fiduciary Duties'] ['apportionment of Costs' 'costs of Cross Respondent' 'solicitor Acting in Business and Property Development Dealings' 'negligence, Breach of Fiduciary Duty and Conflict of Interest Allegations']

Case Brief

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Procedural Posture

Civil Proceedings; Costs and Entry of Judgment / Judgment and Costs Orders After Reasons Delivered on 12 December 1995

Legal Issues

  1. 1 ['Whether the applicants should receive 50 per cent or a higher proportion of their costs of the proceedings.' 'Whether the cross-respondent, Mr Michael Noyce, should receive a costs order or abide his own costs.']

Ratio Decidendi

The applicants were awarded 60 per cent of their costs because, although the matters were intertwined, the reasons for judgment dealt substantially more with transactions on which the applicants succeeded than with claims on which they failed. Mr Noyce was ordered to abide his own costs because his conduct, including encouraging Mr Heap and Heap Constructions into the transactions while having acted as solicitor and business associate, materially contributed to the problems and losses dealt with in the proceedings.

Court Disposition

Judgment entered for the applicants against Mr Brian Olliver, with Mr Olliver to pay 60 per cent of the applicants' costs and Mr Michael Noyce to abide his own costs.

Orders

  • ['There be judgment in favour of the second applicant, J.S. Heap Constructions Pty Ltd, against the respondent, Mr Brian Olliver, in the sum of $577,522.60 and in favour of the first applicant, Mr John Heap, against Mr Olliver in the sum of $272,364.86.' "The respondent, Mr Brian Olliver, pay 60 per cent of the...