Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust v Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust (No 2) [2018] NSWSC 1514

Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust v Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust (No 2) [2018] NSWSC 1514

Since Dylan Mann was only partially successful, and a clear separable part of its case failed, only 80 per cent of the costs are recoverable; clause 7.2 of the Agreement did not warrant indemnity costs as it did not expressly provide for them.

Parties
Plaintiff/first Cross Defendant: Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust ACN 119 987 978; Defendant/cross Claimant: Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust ACN 088 689 203; Second Cross Defendant: Dylan Mann
Jurisdiction
Australia
Judgment Date
11 October 2018
Procedural Posture
Equity Commercial List / Costs Determination After Judgment
Outcome
The defendant is to pay 80 per cent of the plaintiff's costs of the proceedings (including the cross-claim filed on 23 November 2015).
Legal Topics
Costs, Party/party Costs, Contractual Indemnity, Share Sale Agreement
Commercial Law Equity Costs Party/party Costs Contractual Indemnity Share Sale Agreement

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Parties

Dylan Mann & Co Pty Ltd as trustee for the Mann Family Trust ACN 119 987 978

Plaintiff/first Cross Defendant

Tiejag Pty Limited as trustee for the Skeihy Khoury Family Trust ACN 088 689 203

Defendant/cross Claimant

Dylan Mann

Second Cross Defendant

Procedural Posture

Equity Commercial List / Costs Determination After Judgment

Legal Issues

  1. 1 Whether costs should follow the event given the outcome
  2. 2 Whether contractual indemnity in cl 7.2 of SSA justifies indemnity costs
  3. 3 Discretion to apportion costs where issues are separable and one party partially unsuccessful

Ratio Decidendi

Since Dylan Mann was only partially successful, and a clear separable part of its case failed, only 80 per cent of the costs are recoverable; clause 7.2 of the Agreement did not warrant indemnity costs as it did not expressly provide for them.

Court Disposition

The defendant is to pay 80 per cent of the plaintiff's costs of the proceedings (including the cross-claim filed on 23 November 2015).

Orders

  • The defendant pay 80 per cent of the plaintiff's costs of the proceedings (including the cross-claim filed on 23 November 2015)