W & K Holdings (NSW) Pty Ltd v Laureen Margaret Mayo (No 2) [2013] NSWSC 1581

W & K Holdings (NSW) Pty Ltd v Laureen Margaret Mayo (No 2) [2013] NSWSC 1581

The plaintiff achieved substantial success on its principal rectification claim, though not complete success overall; defendant achieved partial success on some cross-claim issues. Accordingly, the defendant is ordered to pay 60% of plaintiff's costs on the statement of claim, the plaintiff to pay 30% of defendant's cross-claim costs, and Mr Leonard to pay costs of his unsuccessful cross-claim.

Jurisdiction
Australia
Judgment Date
31 October 2013
Procedural Posture
Civil / Post Trial Judgment on Costs
Outcome
Costs partially awarded to each party according to relative success on main claims and cross-claims.
Legal Topics
['costs']
['civil Procedure'] ['costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Trial Judgment on Costs

Legal Issues

  1. 1 ['Whether costs should follow the event in light of partial success by both parties; effect of late amendment adding rectification claim; allocation of costs among multiple claims and cross-claims']

Ratio Decidendi

The plaintiff achieved substantial success on its principal rectification claim, though not complete success overall; defendant achieved partial success on some cross-claim issues. Accordingly, the defendant is ordered to pay 60% of plaintiff's costs on the statement of claim, the plaintiff to pay 30% of defendant's cross-claim costs, and Mr Leonard to pay costs of his unsuccessful cross-claim.

Court Disposition

Costs partially awarded to each party according to relative success on main claims and cross-claims.

Orders

  • ["Defendant to pay 60% of Plaintiff's costs on the statement of claim, assessed on an ordinary basis." "Plaintiff to pay 30% of Defendant's costs of the cross-claim, assessed on an ordinary basis." 'Mr Leonard to pay costs of his unsuccessful cross-claim, assessed on an ordinary basis.' 'Parties invited to submit...