Araujo v Ready Fence (NSW) Pty Limited No 2 [2012] NSWSC 931

Araujo v Ready Fence (NSW) Pty Limited No 2 [2012] NSWSC 931

Each party bears its own costs up to 21 April 2011 due to plaintiffs' uncooperative conduct and failure to reasonably advance settlement, as required by s 56(3A) Civil Procedure Act 2005; for costs incurred after consent orders, the plaintiffs must pay one-third of the defendants' costs due to wasted effort and expenses occasioned by plaintiffs' management and abandonment of expert evidence.

Parties
First Plaintiff: Frances Araujo; Second Plaintiff: John Hicks; First Defendant: Ready Fence (NSW) Pty Ltd; Second Defendant: John Callaghan; Third Defendant: David Grant
Jurisdiction
Australia
Judgment Date
15 August 2012
Procedural Posture
Costs Hearing / Post Trial Costs Determination
Outcome
Plaintiffs to pay one-third of defendants' costs incurred after 21 April 2011; each party to bear its own costs up to that date.
Legal Topics
Consent Orders, Settlement, Expert Evidence, Cross Examination, Conduct of Proceedings
Costs Consent Orders Settlement Expert Evidence Cross Examination Conduct of Proceedings

Case Brief

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Parties

Frances Araujo

First Plaintiff

John Hicks

Second Plaintiff

Ready Fence (NSW) Pty Ltd

First Defendant

John Callaghan

Second Defendant

David Grant

Third Defendant

Procedural Posture

Costs Hearing / Post Trial Costs Determination

Legal Issues

  1. 1 Determination of costs consequences following resolution of substantive disputes
  2. 2 Appropriate apportionment of costs where consent orders and partial settlement were reached
  3. 3 Impact of parties' conduct and expert evidence on costs

Ratio Decidendi

Each party bears its own costs up to 21 April 2011 due to plaintiffs' uncooperative conduct and failure to reasonably advance settlement, as required by s 56(3A) Civil Procedure Act 2005; for costs incurred after consent orders, the plaintiffs must pay one-third of the defendants' costs due to wasted effort and expenses occasioned by plaintiffs' management and abandonment of expert evidence.

Court Disposition

Plaintiffs to pay one-third of defendants' costs incurred after 21 April 2011; each party to bear its own costs up to that date.

Orders

  • Plaintiffs pay one-third of defendants' costs incurred after 21 April 2011.
  • Each party bear its own costs up to 21 April 2011.