Osborne Metal Industries v Bullock (No.5) [2011] NSWSC 684

Osborne Metal Industries v Bullock (No.5) [2011] NSWSC 684

Plaintiffs were only partly successful, and relied on evidence found to be knowingly untrue on some claims. The offer of compromise was relevant to discretion but not determinative under the rules. To do practical justice and reflect the substantive realities, only 50% of first plaintiff's costs are recoverable, with no order otherwise.

Parties
First Plaintiff: Osborne Metal Industries (NSW) Pty Ltd ACN 003 284 928; Second Plaintiff: Brooker Holdings Pty Limited ACN 003 912 258; First Defendant: Bullock MFG Pty Ltd ACN 001 199 677; Second Defendant: Roy James Jackson
Jurisdiction
Australia
Judgment Date
28 June 2011
Procedural Posture
Equity Commercial / Post Judgment, Costs Determination
Outcome
Defendants ordered to pay 50% of first plaintiff's costs; no order otherwise as to costs.
Legal Topics
Costs, Offer of Compromise, Exercise of Discretion in Costs, Misrepresentation, Employee Entitlements
Civil Procedure Costs Offer of Compromise Exercise of Discretion in Costs Misrepresentation Employee Entitlements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Osborne Metal Industries (NSW) Pty Ltd ACN 003 284 928

First Plaintiff

Brooker Holdings Pty Limited ACN 003 912 258

Second Plaintiff

Bullock MFG Pty Ltd ACN 001 199 677

First Defendant

Roy James Jackson

Second Defendant

Procedural Posture

Equity Commercial / Post Judgment, Costs Determination

Legal Issues

  1. 1 Whether defendants' non-acceptance of offer of compromise entitles plaintiffs to special costs order
  2. 2 Whether offer of compromise is relevant to exercise of discretion in awarding costs
  3. 3 Effect of plaintiffs' relying on knowingly untrue evidence on entitlement to costs

Ratio Decidendi

Plaintiffs were only partly successful, and relied on evidence found to be knowingly untrue on some claims. The offer of compromise was relevant to discretion but not determinative under the rules. To do practical justice and reflect the substantive realities, only 50% of first plaintiff's costs are recoverable, with no order otherwise.

Court Disposition

Defendants ordered to pay 50% of first plaintiff's costs; no order otherwise as to costs.

Orders

  • Judgment entered as per short minutes of order dated 28 June 2011.
  • Defendants to pay 50% of first plaintiff's costs of proceedings.