Ossen Pty Ltd v K&S Developments Pty Ltd (Receivers and Managers Appointed); Clarke v Ossen Pty Ltd (No 2) [2024] NSWSC 509

Ossen Pty Ltd v K&S Developments Pty Ltd (Receivers and Managers Appointed); Clarke v Ossen Pty Ltd (No 2) [2024] NSWSC 509

Ossen was, in an overall sense, the successful party on the cross-claim. The minor and separable issue on which Mrs Clarke succeeded (interest entitlement on Loans B and C) did not justify depriving Ossen of a portion of its costs, as the issue arose mostly due to deficiency in the cross-claim's drafting and occupied minimal court time. Accordingly, costs should follow the event.

Jurisdiction
Australia
Judgment Date
02 May 2024
Procedural Posture
Equity Proceeding With Cross Claim / Costs Determination Following Substantive Judgment
Outcome
Cross-claimant (Mrs Clarke) ordered to pay the first cross-defendant’s (Ossen's) costs of and incidental to the cross-claim on the ordinary basis.
Legal Topics
['costs' 'party/party Costs' 'apportionment of Costs' 'general Rule – Costs Follow the Event']
['civil Procedure' 'equity'] ['costs' 'party/party Costs' 'apportionment of Costs' 'general Rule – Costs Follow the Event']

Case Brief

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Procedural Posture

Equity Proceeding With Cross Claim / Costs Determination Following Substantive Judgment

Legal Issues

  1. 1 ['Whether costs should be apportioned to reflect partial success on the cross-claim' 'Whether the general rule that costs follow the event should apply in light of partial success']

Ratio Decidendi

Ossen was, in an overall sense, the successful party on the cross-claim. The minor and separable issue on which Mrs Clarke succeeded (interest entitlement on Loans B and C) did not justify depriving Ossen of a portion of its costs, as the issue arose mostly due to deficiency in the cross-claim's drafting and occupied minimal court time. Accordingly, costs should follow the event.

Court Disposition

Cross-claimant (Mrs Clarke) ordered to pay the first cross-defendant’s (Ossen's) costs of and incidental to the cross-claim on the ordinary basis.

Orders

  • ["Cross-claimant to pay the first cross-defendant's costs of and incidental to the cross-claim filed on 10 October 2022 on the ordinary basis, as agreed or assessed."]