Broughton v Leslie (No 2) [2019] NSWSC 984

Broughton v Leslie (No 2) [2019] NSWSC 984

Given discrete issues, partial success for both sides, and the abandonment by plaintiffs of rectification and estoppel claims, costs should be ordered by reference to issues: plaintiffs recover their costs for contractual construction on water entitlements (excluding costs for rectification/estoppel and resignation/reallocation); defendants recover their costs for rectification/estoppel and resignation/reallocation issues; each party bears their own costs for the application for costs.

Parties
First Plaintiff: Gregory Paul Broughton; Second Plaintiff: Kate Charlotte Broughton; Third Plaintiff: Rosalie Hazel Broughton; Fourth Plaintiff: Paul Broughton Investments Pty Ltd; Fifth Plaintiff: Rosalie Hazel Broughton, Gregory Paul Broughton and Kate Charlotte Broughton as trustees for the PR and GK Superannuation Fund; Representative Defendant: David Peter Leslie; Representative Defendant: Robert Richard McCutcheon
Jurisdiction
Australia
Judgment Date
01 August 2019
Procedural Posture
Costs Determination in Equity Proceedings / Post Trial (following Trial and Judgment on Substantive Issues)
Outcome
Costs orders made apportioned by issue, reflecting discrete litigation segments and relative success/failure.
Legal Topics
Costs, Declaratory Relief, Contractual Construction, Equitable Rectification, Estoppel
Equity Costs Declaratory Relief Contractual Construction Equitable Rectification Estoppel

Case Brief

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Parties

Gregory Paul Broughton

First Plaintiff

Kate Charlotte Broughton

Second Plaintiff

Rosalie Hazel Broughton

Third Plaintiff

Paul Broughton Investments Pty Ltd

Fourth Plaintiff

Rosalie Hazel Broughton, Gregory Paul Broughton and Kate Charlotte Broughton as trustees for the PR and GK Superannuation Fund

Fifth Plaintiff

David Peter Leslie

Representative Defendant

Robert Richard McCutcheon

Representative Defendant

Procedural Posture

Costs Determination in Equity Proceedings / Post Trial (following Trial and Judgment on Substantive Issues)

Legal Issues

  1. 1 Appropriate allocation of costs given partial success by both parties
  2. 2 Whether costs should be awarded on a proportionate basis or according to individual issues
  3. 3 Significance of plaintiffs abandoning rectification and estoppel claims shortly prior to trial

Ratio Decidendi

Given discrete issues, partial success for both sides, and the abandonment by plaintiffs of rectification and estoppel claims, costs should be ordered by reference to issues: plaintiffs recover their costs for contractual construction on water entitlements (excluding costs for rectification/estoppel and resignation/reallocation); defendants recover their costs for rectification/estoppel and resignation/reallocation issues; each party bears their own costs for the application for costs.

Court Disposition

Costs orders made apportioned by issue, reflecting discrete litigation segments and relative success/failure.

Orders

  • The first and fifth defendants pay the plaintiffs' costs of and incidental to the plaintiffs' contractual construction case on water entitlements, excluding plaintiffs' costs for equitable rectification/estoppel and resignation/reallocation cases.
  • The plaintiffs pay the first and fifth defendants' costs of and incidental to the plaintiffs' rectification/estoppel case, excluding defendants' costs for the contractual construction case on water entitlements.