S Changizi v H Rizaie [2021] NSWSC 698

Where both parties have failed in their claims against each other, the appropriate order is that each party pays the other's costs of the claim in which he failed.

Jurisdiction: Australia
Judgment Date: 16 June 2021
Procedural Posture: Equity Corporations List / Costs Ruling Following Dismissal of Claim and Cross Claim
Outcome: Each party to pay the costs of the claim in which they failed.
Legal Topics: ['costs' 'party/party Costs' 'costs Follow the Event' 'discretion as to Costs']

['civil Procedure'] ['costs' 'party/party Costs' 'costs Follow the Event' 'discretion as to Costs']

Case Brief

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Procedural Posture

Equity Corporations List / Costs Ruling Following Dismissal of Claim and Cross Claim

Legal Issues

1 ['What is the appropriate order as to costs following mutual dismissal of claim and cross-claim?' 'Should the general rule that costs follow the event be modified or apportioned in this case?']

Ratio Decidendi

Where both parties have failed in their claims against each other, the appropriate order is that each party pays the other's costs of the claim in which he failed.

Court Disposition

Each party to pay the costs of the claim in which they failed.

Orders

['Order 1 made on 12 May 2021 be discharged.' 'The Third Further Amended Statement of Claim be dismissed.' 'The Cross-Claim filed by the First Defendant be dismissed.' "The Plaintiff pay the First Defendant's costs of and incidental to the claim brought by the Plaintiff against the First Defendant as agreed or as...