Singtel Optus v Almad [2013] NSWSC 1961

Singtel Optus v Almad [2013] NSWSC 1961

Cost orders should reflect actual success and reasonable conduct: indemnity costs are not justified solely by abandoning claims unless improper; constructive trust is appropriate remedy where second defendant was knowingly involved in breaches of fiduciary duty by its controller; costs payable by unsuccessful defendants should exclude those incurred only in relation to unsuccessful claims and matters such as unadmitted expert reports.

Jurisdiction
Australia
Judgment Date
12 December 2013
Procedural Posture
Commercial List Equity Division / Post Trial Orders (costs and Finalisation)
Outcome
Judgment for plaintiffs against third defendant; declaration that second defendant holds on trust for plaintiffs the amount ordered to be paid; orders as to costs issued; stays granted until 17 February 2014.
Legal Topics
['costs' 'fiduciary Duties' 'constructive Trusts' 'cross Claims']
['equity' 'commercial Law'] ['costs' 'fiduciary Duties' 'constructive Trusts' 'cross Claims']

Case Brief

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Procedural Posture

Commercial List Equity Division / Post Trial Orders (costs and Finalisation)

Legal Issues

  1. 1 ['Apportionment of costs after partial success' 'Existence of constructive trust in favour of plaintiffs' 'Basis for indemnity costs against plaintiff' 'Handling costs incurred for abandoned issues' 'Treatment of expert report not tendered']

Ratio Decidendi

Cost orders should reflect actual success and reasonable conduct: indemnity costs are not justified solely by abandoning claims unless improper; constructive trust is appropriate remedy where second defendant was knowingly involved in breaches of fiduciary duty by its controller; costs payable by unsuccessful defendants should exclude those incurred only in relation to unsuccessful claims and matters such as unadmitted expert reports.

Court Disposition

Judgment for plaintiffs against third defendant; declaration that second defendant holds on trust for plaintiffs the amount ordered to be paid; orders as to costs issued; stays granted until 17 February 2014.

Orders

  • ["First plaintiff to pay first defendant's costs (on ordinary basis)" "Second to fifth defendants to pay some, but not all, of plaintiffs' costs, excluding costs incurred only in relation to the claim against the first defendant and those referable to expert reports by Andrew Ross" 'Judgment against second defendant...