Yamo Smallgoods Pty Ltd v Australian Commercial Solutions Pty Limited [2023] NSWDC 438
Given the mixed success and failures of both parties, with the Plaintiff overall more successful, the court exercised its discretion to award the Plaintiff 85% of its costs on the ordinary basis, declining to grant indemnity costs as the circumstances and timing of the offers did not justify it, and found issue-by-issue apportionment unnecessary.
- Jurisdiction
- Australia
- Judgment Date
- 20 October 2023
- Procedural Posture
- Civil / Costs Determination Following Substantive Judgment
- Outcome
- Defendant ordered to pay 85% of Plaintiff's costs on the ordinary basis.
- Legal Topics
- ['costs' 'offers of Compromise' 'calderbank Offers' 'proportional Costs Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Civil / Costs Determination Following Substantive Judgment
Legal Issues
- 1 ['Whether costs should follow the event given mixed success' 'Validity and effect of Offers of Compromise and Calderbank offers' 'Appropriateness of indemnity costs' 'Whether proportional costs order is justified']
Ratio Decidendi
Given the mixed success and failures of both parties, with the Plaintiff overall more successful, the court exercised its discretion to award the Plaintiff 85% of its costs on the ordinary basis, declining to grant indemnity costs as the circumstances and timing of the offers did not justify it, and found issue-by-issue apportionment unnecessary.
Court Disposition
Defendant ordered to pay 85% of Plaintiff's costs on the ordinary basis.
Orders
- ["The Defendant pay 85% of the Plaintiff's costs as agreed or assessed on the ordinary basis."]
Full Case Text
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