Workplace Safety Australia Pty Limited v Simple OHS Solution Pty Limited (Costs) [2013] NSWSC 1957

Workplace Safety Australia Pty Limited v Simple OHS Solution Pty Limited (Costs) [2013] NSWSC 1957

As the successful parties, Simple OHS Solutions Pty Limited and Ms Bottrell are not to be deprived of their costs, since the issues abandoned were closely intertwined with those pursued, were not clearly separable, and did not occupy a discrete or substantial part of the hearing; the general rule that costs follow the event applies.

Jurisdiction
Australia
Judgment Date
17 December 2013
Procedural Posture
Costs Application / Post Trial (after Substantive Judgment)
Outcome
Plaintiff (Workplace Safety Australia Pty Limited) ordered to pay the first and second defendants’ (Simple OHS Solutions Pty Limited and Sue Louise Bottrell) costs of the proceedings on the usual basis.
Legal Topics
['costs' 'discretion to Award Costs' 'abandonment of Claims' 'franchise Agreement' 'breach of Contract']
['civil Procedure'] ['costs' 'discretion to Award Costs' 'abandonment of Claims' 'franchise Agreement' 'breach of Contract']

Case Brief

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Procedural Posture

Costs Application / Post Trial (after Substantive Judgment)

Legal Issues

  1. 1 ["Should the plaintiff, Workplace Safety Australia Pty Limited (WSA), be ordered to pay only 50% of the first and second defendants' costs because of abandoned claims and unused evidence?" 'Is it appropriate to deprive the successful defendants of part of their costs on the basis that some claims were abandoned before or during the hearing?']

Ratio Decidendi

As the successful parties, Simple OHS Solutions Pty Limited and Ms Bottrell are not to be deprived of their costs, since the issues abandoned were closely intertwined with those pursued, were not clearly separable, and did not occupy a discrete or substantial part of the hearing; the general rule that costs follow the event applies.

Court Disposition

Plaintiff (Workplace Safety Australia Pty Limited) ordered to pay the first and second defendants’ (Simple OHS Solutions Pty Limited and Sue Louise Bottrell) costs of the proceedings on the usual basis.

Orders

  • ["Plaintiff to pay first and second defendants' costs of the proceedings on the ordinary basis."]