McBride v Christie’s Australia Pty Limited (No 2) [2015] NSWSC 754

McBride v Christie’s Australia Pty Limited (No 2) [2015] NSWSC 754

Given the complexity, the varying degrees of success, and the parties' conduct, costs orders are apportioned: Christie's to pay plaintiff's costs of the Painting claim on an indemnity basis due to withholding evidence and unreasonable conduct; costs for proving the Painting was a forgery to be indemnity-basis from notice of dispute; other defendants’ liability for costs is proportionate to their level of responsibility and the claims on which they were successful or unsuccessful. Interest on damages is awarded from the date the plaintiff's loss became ascertainable, not the date of payment. No set-off or gross sum order made; costs orders reflect a just outcome in complex, multi-party...

Parties
1st Plaintiff: Louise McBride; 2nd Plaintiff: Louise McBride Investments t/as Louise McBride Investments Pty Limited as trustee for the LMB Family Superannuation Fund; 1st Defendant: Christie's Australia Pty Ltd; 2nd Defendant: Holland Fine Art & Cars Pty Ltd; 3rd Defendant: Alex Holland; 4th Defendant: Vivienne Sharpe
Jurisdiction
Australia
Judgment Date
16 June 2015
Procedural Posture
Costs Hearing Following Substantive Equity/proceedings / Post Judgment Costs and Orders Determination
Outcome
Judgment entered for plaintiff against Christie's, HFA, Sharpe; claims against Alex Holland dismissed; varying costs and interest orders; cross-claims dismissed.
Legal Topics
Costs, Interest, Damages, Misleading or Deceptive Conduct, Proportionate Liability
Civil Procedure Equity Costs Interest Damages Misleading or Deceptive Conduct Proportionate Liability

Case Brief

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Parties

Louise McBride

1st Plaintiff

Louise McBride Investments t/as Louise McBride Investments Pty Limited as trustee for the LMB Family Superannuation Fund

2nd Plaintiff

Christie's Australia Pty Ltd

1st Defendant

Holland Fine Art & Cars Pty Ltd

2nd Defendant

Alex Holland

3rd Defendant

Vivienne Sharpe

4th Defendant

Procedural Posture

Costs Hearing Following Substantive Equity/proceedings / Post Judgment Costs and Orders Determination

Legal Issues

  1. 1 1. Appropriate orders as to costs following mixed success in complex, multi-party litigation.
  2. 2 2. Basis for awarding indemnity or ordinary costs, including the effect of pre-trial offers and conduct.
  3. 3 3. Whether interest is payable on damages, and the period for which it should be awarded.

Ratio Decidendi

Given the complexity, the varying degrees of success, and the parties' conduct, costs orders are apportioned: Christie's to pay plaintiff's costs of the Painting claim on an indemnity basis due to withholding evidence and unreasonable conduct; costs for proving the Painting was a forgery to be indemnity-basis from notice of dispute; other defendants’ liability for costs is proportionate to their level of responsibility and the claims on which they were successful or unsuccessful. Interest on damages is awarded from the date the plaintiff's loss became ascertainable, not the date of payment. No set-off or gross sum order made; costs orders reflect a just outcome in complex, multi-party...

Court Disposition

Judgment entered for plaintiff against Christie's, HFA, Sharpe; claims against Alex Holland dismissed; varying costs and interest orders; cross-claims dismissed.

Orders

  • Enter judgment for the first plaintiff against the first defendant in the sum of $100,970.40 in respect of the Painting claim.
  • First defendant to pay first plaintiff $37,169.45 pre-judgment interest on above sum.