Integrated Securities No 3 Pty Ltd v Creatrix Web Development & Online Marketing Solutions Pty Ltd (Costs) [2021] NSWSC 770

Integrated Securities No 3 Pty Ltd v Creatrix Web Development & Online Marketing Solutions Pty Ltd (Costs) [2021] NSWSC 770

Because both parties enjoyed some success, and the trial primarily concerned the cross-claim on which the defendants succeeded, but not wholly, costs should be apportioned: the defendants pay the plaintiff's pre-trial costs, and the plaintiff pay 80% of the defendants' trial costs, with set-off. No order as to costs for the second cross-defendant or the fourth defendant.

Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Civil / Post Trial (costs Determination)
Outcome
Mixed; apportioned costs according to relative success of parties.
Legal Topics
['costs' 'unconscionable Conduct' 'national Credit Code' 'loan Agreements' 'mortgage Enforcement']
['equity' 'real Property'] ['costs' 'unconscionable Conduct' 'national Credit Code' 'loan Agreements' 'mortgage Enforcement']

Case Brief

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Procedural Posture

Civil / Post Trial (costs Determination)

Legal Issues

  1. 1 ['Who should bear the costs of proceedings where both plaintiff and cross-claimants were partially successful?' 'Whether the offers of compromise and Calderbank offers affected the entitlement to costs.' "Whether the dominant or 'real fight' issue in the litigation justified a departure from the usual rule as to costs."]

Ratio Decidendi

Because both parties enjoyed some success, and the trial primarily concerned the cross-claim on which the defendants succeeded, but not wholly, costs should be apportioned: the defendants pay the plaintiff's pre-trial costs, and the plaintiff pay 80% of the defendants' trial costs, with set-off. No order as to costs for the second cross-defendant or the fourth defendant.

Court Disposition

Mixed; apportioned costs according to relative success of parties.

Orders

  • ["The First-Third Defendants to pay the Plaintiff's costs leading up to the hearing as agreed or assessed." "The Plaintiff to pay 80% of the First-Third Defendants' costs of the hearing as agreed or assessed." 'The amount payable by the First-Third Defendants pursuant to order (1) to be offset against the amount...