AMI Australia Holdings Pty Ltd & anor v Fairfax Media Publications Pty Ltd & ors (Costs) [2010] NSWSC 1519

AMI Australia Holdings Pty Ltd & anor v Fairfax Media Publications Pty Ltd & ors (Costs) [2010] NSWSC 1519

The defendants, having succeeded on all but a relatively minor issue, are entitled to a broad apportionment of costs, with the plaintiffs to pay 90% of the defendants’ costs, save insofar as any special costs order otherwise provides.

Parties
First Plaintiff: AMI Australia Holdings Pty Ltd; Second Plaintiff: Advanced Medical Institute Pty Ltd; First Defendant: Fairfax Media Publications Pty Ltd; Second Defendant: Rita Almohty; Third Defendant: Kelly Burke; Fourth Defendant: Kate McClymont
Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Equity Proceedings / Costs Determination After Judgment
Outcome
Plaintiffs to pay 90% of defendants' costs of the proceedings, except as otherwise provided by special costs order.
Legal Topics
Costs, Apportionment of Costs
Equity Civil Procedure Costs Apportionment of Costs

Case Brief

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Parties

AMI Australia Holdings Pty Ltd

First Plaintiff

Advanced Medical Institute Pty Ltd

Second Plaintiff

Fairfax Media Publications Pty Ltd

First Defendant

Rita Almohty

Second Defendant

Kelly Burke

Third Defendant

Kate McClymont

Fourth Defendant

Procedural Posture

Equity Proceedings / Costs Determination After Judgment

Legal Issues

  1. 1 Proper apportionment of costs where plaintiffs largely unsuccessful but succeed on a minor claim

Ratio Decidendi

The defendants, having succeeded on all but a relatively minor issue, are entitled to a broad apportionment of costs, with the plaintiffs to pay 90% of the defendants’ costs, save insofar as any special costs order otherwise provides.

Court Disposition

Plaintiffs to pay 90% of defendants' costs of the proceedings, except as otherwise provided by special costs order.

Orders

  • Plaintiffs pay 90 per cent of defendants' costs of the proceedings, save insofar as any special costs order otherwise provides.