The Pharmacy Guild of Australia v Ramsay Health Care Ltd (No 2) [2019] NSWSC 1398

The Pharmacy Guild of Australia v Ramsay Health Care Ltd (No 2) [2019] NSWSC 1398

This was not a case where apportionment of costs was warranted, as the issues were not sufficiently dominant or separable, and much of the evidence and argument overlapped between them. Accordingly, there was no basis to depart from the general rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
17 October 2019
Procedural Posture
Costs Determination Following Dismissal of Proceedings / Post Judgment Costs Order
Outcome
Plaintiffs ordered to pay the defendants' costs of the proceedings on the ordinary basis.
Legal Topics
['costs' 'declaratory Relief' 'standing' 'abuse of Process']
['civil Procedure' 'equity'] ['costs' 'declaratory Relief' 'standing' 'abuse of Process']

Case Brief

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Procedural Posture

Costs Determination Following Dismissal of Proceedings / Post Judgment Costs Order

Legal Issues

  1. 1 ["Whether costs should be apportioned given the parties' respective successes and failures on separate issues" 'Whether the ordinary rule that costs follow the event should be departed from in this case']

Ratio Decidendi

This was not a case where apportionment of costs was warranted, as the issues were not sufficiently dominant or separable, and much of the evidence and argument overlapped between them. Accordingly, there was no basis to depart from the general rule that costs follow the event.

Court Disposition

Plaintiffs ordered to pay the defendants' costs of the proceedings on the ordinary basis.

Orders

  • ["Order that the plaintiffs pay the defendants' costs of the proceedings on the ordinary basis."]