Lukaszewicz v Polish Club Limited [2019] NSWSC 860

Lukaszewicz v Polish Club Limited [2019] NSWSC 860

Plaintiffs had limited success only against the Club and failed against the individual defendants; justice requires Club pays 15% of plaintiffs' costs to reflect limited success, while plaintiffs pay all costs of Second–Sixth Defendants; no indemnity costs as refusal of Calderbank offers was not unreasonable.

Jurisdiction
Australia
Judgment Date
10 July 2019
Procedural Posture
Costs Application in Equity (corporations List) Following Main Proceedings / Post Judgment Costs Determination
Outcome
Costs orders made apportioning costs between parties based on limited plaintiff success.
Legal Topics
['costs' 'oppression Remedy' 'percentage Costs Order' 'indemnity Costs' 'calderbank Offers']
['equity' 'corporations Law' 'civil Procedure'] ['costs' 'oppression Remedy' 'percentage Costs Order' 'indemnity Costs' 'calderbank Offers']

Case Brief

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Procedural Posture

Costs Application in Equity (corporations List) Following Main Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether costs should be apportioned between the Club and individual defendants given partial success of plaintiffs' 'Whether percentage costs order is appropriate' 'Whether indemnity costs order should be made against plaintiffs for not accepting Calderbank offers']

Ratio Decidendi

Plaintiffs had limited success only against the Club and failed against the individual defendants; justice requires Club pays 15% of plaintiffs' costs to reflect limited success, while plaintiffs pay all costs of Second–Sixth Defendants; no indemnity costs as refusal of Calderbank offers was not unreasonable.

Court Disposition

Costs orders made apportioning costs between parties based on limited plaintiff success.

Orders

  • ['Save for orders of 6 June 2019, the Summons and Second Further Amended Statement of Claim are otherwise dismissed.' "First Defendant (Polish Club Limited) to pay 15% of Plaintiffs' costs of the proceedings, as agreed or assessed." 'Plaintiffs to pay costs of Second–Sixth Defendants, as agreed or assessed.']