Medical Device Technologies Pty Ltd v Health Administration Corporation (No 2) [2023] NSWSC 742

This was a 'winner takes all' case with only a binary outcome. HealthShare succeeded on its core case regarding unfitness for purpose, and the fact it did not succeed on all claims or grounds does not justify apportionment; therefore, costs should not be apportioned.

Jurisdiction: Australia
Judgment Date: 28 June 2023
Procedural Posture: Consequential Orders / Post Judgment (costs and Formal Orders)
Outcome: Plaintiff/cross-defendant to pay defendant's/cross-claimant's costs; judgment for cross-claimant for $11,746,194.22; Amended Summons dismissed.
Legal Topics: ['costs' 'fit for Purpose (sale of Goods)']

['equity' 'commercial Law'] ['costs' 'fit for Purpose (sale of Goods)']

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Procedural Posture

Consequential Orders / Post Judgment (costs and Formal Orders)

Legal Issues

1 ['Whether plaintiff/cross-defendant should pay costs in full or only a proportion of costs to the defendant/cross-claimant' 'Appropriate final orders after judgment in main proceedings']

Ratio Decidendi

Court Disposition

Plaintiff/cross-defendant to pay defendant's/cross-claimant's costs; judgment for cross-claimant for $11,746,194.22; Amended Summons dismissed.

Orders

['Amended Summons dismissed' 'Judgment for cross-claimant against cross-defendant for $11,746,194.22' "Plaintiff/cross-defendant to pay defendant's/cross-claimant's costs of the proceedings"]