Ware v Amaral Pastoral Pty Ltd [2013] NSWSC 148

Ware v Amaral Pastoral Pty Ltd [2013] NSWSC 148

Mr Ware is entitled to recover agreed judgment sum above $500,000, costs from Amaral Pastoral on ordinary basis to 26 June 2012 and indemnity basis thereafter, with interest on costs, and appropriate cost separation for the claim against Second Defendant and discontinued District Court proceedings, as Supreme Court was not shown an inappropriate forum for this amount.

Jurisdiction
Australia
Judgment Date
21 February 2013
Procedural Posture
Costs Determination Following Principal Judgment / Post Trial, Judgment and Orders as to Quantification and Costs
Outcome
Judgment for Plaintiff against First Defendant; judgment for Second Defendant against Plaintiff; cross claim otherwise dismissed.
Legal Topics
['costs' 'choice of Forum' 'interest on Costs' 'discontinuance']
['civil Procedure'] ['costs' 'choice of Forum' 'interest on Costs' 'discontinuance']

Case Brief

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Procedural Posture

Costs Determination Following Principal Judgment / Post Trial, Judgment and Orders as to Quantification and Costs

Legal Issues

  1. 1 ['Appropriate quantification of judgment sum' 'Allocation and recovery of costs' 'Indemnity costs and effect of offer of compromise' 'Interest on costs and disbursements' 'Recovery of costs following discontinuance' 'Choice of Supreme Court over District Court']

Ratio Decidendi

Mr Ware is entitled to recover agreed judgment sum above $500,000, costs from Amaral Pastoral on ordinary basis to 26 June 2012 and indemnity basis thereafter, with interest on costs, and appropriate cost separation for the claim against Second Defendant and discontinued District Court proceedings, as Supreme Court was not shown an inappropriate forum for this amount.

Court Disposition

Judgment for Plaintiff against First Defendant; judgment for Second Defendant against Plaintiff; cross claim otherwise dismissed.

Orders

  • ['First Defendant to pay Plaintiff $508,790.92.' "First Defendant to pay Plaintiff's costs on ordinary basis up to 26 June 2012 and on indemnity basis thereafter." 'First Defendant to pay Plaintiff interest on costs and disbursements paid to date, under Civil Procedure Act 2005 s 101(4).' "Plaintiff to pay Second...