HM&O v Ingram [2012] NSWSC 1225

HM&O v Ingram [2012] NSWSC 1225

Although plaintiffs nominally succeeded in recovering $10,000, this was in substance a failure given the scale and nature of their original claim. Defendants therefore substantially succeeded. Costs ordered in favour of defendants generally, except that for the discrete reference hearing, defendants to pay one quarter of plaintiffs' costs, and no indemnity costs are justified. Interest awarded on costs to both sides and amounts payable by each to be set off.

Parties
First Plaintiff: HM&O Investments Pty Limited; Second Plaintiff: Teach & Play Pty Limited; First Defendant: Bradley Phillip Ingram; Second Defendant: Glenda Louise Ingram
Jurisdiction
Australia
Judgment Date
26 September 2012
Procedural Posture
Equity Proceedings Commercial List / Costs Ruling Following Final Judgment
Outcome
Judgment for plaintiffs in the sum of $10,000 (including interest). Stay of execution pending costs assessment/agreement. Defendants to pay one quarter of plaintiffs' costs of the reference; plaintiffs to pay all other proceedings costs (excluding the reference and certain expert costs); costs set off; setoff of...
Legal Topics
Costs, Interest on Costs, Misleading or Deceptive Conduct
Civil Procedure Costs Interest on Costs Misleading or Deceptive Conduct

Case Brief

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Parties

HM&O Investments Pty Limited

First Plaintiff

Teach & Play Pty Limited

Second Plaintiff

Bradley Phillip Ingram

First Defendant

Glenda Louise Ingram

Second Defendant

Procedural Posture

Equity Proceedings Commercial List / Costs Ruling Following Final Judgment

Legal Issues

  1. 1 Whether costs should follow the event when plaintiffs awarded only nominal damages
  2. 2 Whether costs should be assessed on an indemnity basis
  3. 3 Whether interest should run on costs

Ratio Decidendi

Although plaintiffs nominally succeeded in recovering $10,000, this was in substance a failure given the scale and nature of their original claim. Defendants therefore substantially succeeded. Costs ordered in favour of defendants generally, except that for the discrete reference hearing, defendants to pay one quarter of plaintiffs' costs, and no indemnity costs are justified. Interest awarded on costs to both sides and amounts payable by each to be set off.

Court Disposition

Judgment for plaintiffs in the sum of $10,000 (including interest). Stay of execution pending costs assessment/agreement. Defendants to pay one quarter of plaintiffs' costs of the reference; plaintiffs to pay all other proceedings costs (excluding the reference and certain expert costs); costs set off; setoff of...

Orders

  • Direct entry of judgment for the plaintiffs against the defendants in the sum of $10,000 including interest to date.
  • Stay execution of judgment until assessment of or agreement as to payable costs.