Lin & Anor v BHW Capital Pty Limited & Anor (No. 2) [2014] NSWSC 45

Lin & Anor v BHW Capital Pty Limited & Anor (No. 2) [2014] NSWSC 45

Given the modest amount of damages and the disproportionate cost of further evidence, damages were assessed by reference to the available evidence of the Altis Architects share sale; no order as to costs was made, each party to bear its own costs, reflecting the partial success and failure of each party.

Jurisdiction
Australia
Judgment Date
04 February 2014
Procedural Posture
Equity Proceedings / Post Trial Judgment on Damages and Costs
Outcome
Damages awarded to plaintiffs; no order as to costs
Legal Topics
['costs' 'damages' 'assessment of Damages' 'specific Performance']
['practice and Procedure' 'equity'] ['costs' 'damages' 'assessment of Damages' 'specific Performance']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Equity Proceedings / Post Trial Judgment on Damages and Costs

Legal Issues

  1. 1 ['Whether costs should be apportioned when plaintiff and defendant each successful on some issues' 'Whether costs should be assessed on indemnity basis' 'Whether the costs order is affected by untruthful acts by party' 'Whether assessment of damages requires a separate hearing' 'Whether there is insufficient evidence to determine market price of shares' 'Whether the Court should assess damages on available evidence']

Ratio Decidendi

Given the modest amount of damages and the disproportionate cost of further evidence, damages were assessed by reference to the available evidence of the Altis Architects share sale; no order as to costs was made, each party to bear its own costs, reflecting the partial success and failure of each party.

Court Disposition

Damages awarded to plaintiffs; no order as to costs

Orders

  • ['Judgment for plaintiffs for $100,000 as sought' 'Orders 1, 2, 3 and 4 in the Short Minutes of Order handed up by counsel for the plaintiffs' 'No order as to costs; each party to bear their own costs' 'Exhibits to be returned in accordance with Practice Note']