Pupo v Pupo (No 2) [2015] NSWSC 1647

Pupo v Pupo (No 2) [2015] NSWSC 1647

Because the issues raised by the first Plaintiff (Saverio) and the joint claim of the Plaintiffs were distinct, and as the dominant and separable issue involved Saverio alone, it would be unjust to impose joint and several liability for costs. Instead, costs are to be apportioned: 80% to be paid by the first Plaintiff, 20% by the second Plaintiff.

Parties
First Plaintiff: Saverio Pupo; Second Plaintiff: Rosetta Pupo; First Defendant: Sammy Ferdinando Pupo; Second Defendant: Rosemaria Pupo; Third Defendant: Giuseppe Pupo
Jurisdiction
Australia
Judgment Date
06 November 2015
Procedural Posture
Costs Application / Post Judgment Determination of Costs
Outcome
Costs ordered to be apportioned between Plaintiffs; not joint and several.
Legal Topics
Costs, Apportionment of Costs, Joint and Several Liability, Property Adjustment, Discretion in Costs Orders
Civil Procedure Equity Costs Apportionment of Costs Joint and Several Liability Property Adjustment Discretion in Costs Orders

Case Brief

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Parties

Saverio Pupo

First Plaintiff

Rosetta Pupo

Second Plaintiff

Sammy Ferdinando Pupo

First Defendant

Rosemaria Pupo

Second Defendant

Giuseppe Pupo

Third Defendant

Procedural Posture

Costs Application / Post Judgment Determination of Costs

Legal Issues

  1. 1 Whether costs should be apportioned between unsuccessful plaintiffs rather than ordering joint and several liability for costs
  2. 2 Whether there is justification to depart from the general rule that costs follow the event and are jointly and severally payable

Ratio Decidendi

Because the issues raised by the first Plaintiff (Saverio) and the joint claim of the Plaintiffs were distinct, and as the dominant and separable issue involved Saverio alone, it would be unjust to impose joint and several liability for costs. Instead, costs are to be apportioned: 80% to be paid by the first Plaintiff, 20% by the second Plaintiff.

Court Disposition

Costs ordered to be apportioned between Plaintiffs; not joint and several.

Orders

  • The Plaintiffs are to bear the Defendants' costs of the proceedings, as to 80 per cent, by the first Plaintiff, and as to 20 per cent, by the second Plaintiff.