SSABR Pty Ltd v AMA Group Ltd (No 4) [2024] NSWSC 1512

SSABR Pty Ltd v AMA Group Ltd (No 4) [2024] NSWSC 1512

Given the plaintiffs and defendants each succeeded and failed on separable and substantive issues, and both abandoned claims or cross-claims late in the proceedings, the fairest exercise of discretion is to order the defendants to pay 50% of the plaintiffs’ costs of the proceedings.

Parties
First Plaintiff: SSABR Pty Ltd; Second Plaintiff: HAAPRC Pty Ltd; First Defendant: AMA Group Ltd; Second Defendant: AMA Group Solutions Pty Ltd
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Civil Commercial (equity) / Costs Determination Following Trial and Appeal (remitted on Costs)
Outcome
Defendants ordered to pay 50% of plaintiffs' costs on the ordinary basis.
Legal Topics
Costs—apportionment of Costs, Costs Following the Event, Rectification, Contractual Construction, Abandonment of Claims
Civil Procedure Equity Costs—apportionment of Costs Costs Following the Event Rectification Contractual Construction Abandonment of Claims

Case Brief

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Parties

SSABR Pty Ltd

First Plaintiff

HAAPRC Pty Ltd

Second Plaintiff

AMA Group Ltd

First Defendant

AMA Group Solutions Pty Ltd

Second Defendant

Procedural Posture

Civil Commercial (equity) / Costs Determination Following Trial and Appeal (remitted on Costs)

Legal Issues

  1. 1 Whether costs should be apportioned based on relative success
  2. 2 Whether costs should follow the event despite late abandonment of claims and cross-claims
  3. 3 Whether separable issues justify apportionment of costs

Ratio Decidendi

Given the plaintiffs and defendants each succeeded and failed on separable and substantive issues, and both abandoned claims or cross-claims late in the proceedings, the fairest exercise of discretion is to order the defendants to pay 50% of the plaintiffs’ costs of the proceedings.

Court Disposition

Defendants ordered to pay 50% of plaintiffs' costs on the ordinary basis.

Orders

  • The defendants are to pay 50% of the plaintiffs’ costs of the proceedings on the ordinary basis.