Metcash Limited v Jardim & Anor (No. 5) [2010] NSWSC 1342

Metcash Limited v Jardim & Anor (No. 5) [2010] NSWSC 1342

Metcash was substantially successful against Mr Jardin despite not obtaining all orders sought; Mr Jardin's cross-claim formed part of a defence and did not amount to partial success for costs, and Metcash did better than the Calderbank offer, so the general rule that costs follow the event was not displaced. As between Metcash and Jardim Investments, each had success on significant issues, so fair order was that each bear own costs.

Jurisdiction
Australia
Judgment Date
25 November 2010
Procedural Posture
Costs Application / Post Judgment, Costs Determination
Outcome
First defendant to pay plaintiffs' costs; no order for costs between plaintiffs and second defendant.
Legal Topics
['costs' 'exceptions to Costs Following the Event' 'partial Success' 'offer of Compromise' 'calderbank Offer']
['civil Procedure'] ['costs' 'exceptions to Costs Following the Event' 'partial Success' 'offer of Compromise' 'calderbank Offer']

Case Brief

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Procedural Posture

Costs Application / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether the general rule that costs follow the event should be displaced in light of partial success and offers of compromise' 'Whether the first defendant or Metcash enjoyed partial success warranting a different costs order' 'Whether the Calderbank offer by the first defendant justified a different costs outcome' 'Whether the second defendant was successful such that it should have its costs']

Ratio Decidendi

Metcash was substantially successful against Mr Jardin despite not obtaining all orders sought; Mr Jardin's cross-claim formed part of a defence and did not amount to partial success for costs, and Metcash did better than the Calderbank offer, so the general rule that costs follow the event was not displaced. As between Metcash and Jardim Investments, each had success on significant issues, so fair order was that each bear own costs.

Court Disposition

First defendant to pay plaintiffs' costs; no order for costs between plaintiffs and second defendant.

Orders

  • ["The first defendant pay the plaintiffs' costs of the proceedings so far as they concern the plaintiffs and first defendant;" 'No order for costs as between the plaintiffs and second defendant.']