Doman v Young Scholars @Glebe Pty Ltd (Costs) [2024] NSWSC 1356

Doman v Young Scholars @Glebe Pty Ltd (Costs) [2024] NSWSC 1356

Where plaintiffs succeed but do not succeed on all claims and have contributed to unnecessary costs (such as by inadequate discovery), the appropriate order is a proportionate costs order excluding costs for failed aspects and discovery non-compliance.

Parties
First Plaintiff/first Cross Defendant: Thomas Alastair Doman; Second Plaintiff/second Cross Defendant: Elspeth Mary Doman; Third Plaintiff/third Cross Defendant: T A Doman & Co Pty Limited; Fourth Plaintiff/fourth Cross Defendant: Vimreach Pty Ltd; Fifth Plaintiff/fifth Cross Defendant: Margaret Campbell Doman; First Defendant/cross Claimant: Young Scholars @Glebe Pty Ltd; Second Defendant: Joan Elizabeth Stone; Third Defendant: Cubbyhouse Childcare NSW Pty Ltd
Jurisdiction
Australia
Judgment Date
28 October 2024
Procedural Posture
Costs Determination / Post Judgment Costs Order
Outcome
The defendants are to pay 80% of the plaintiffs' costs on the ordinary basis, excluding costs attributable to the provision of the explanation for inadequate discovery and the submissions on costs.
Legal Topics
Costs Discretion, Partial Success, Discovery Default
Equity Costs Costs Discretion Partial Success Discovery Default

Case Brief

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Parties

Thomas Alastair Doman

First Plaintiff/first Cross Defendant

Elspeth Mary Doman

Second Plaintiff/second Cross Defendant

T A Doman & Co Pty Limited

Third Plaintiff/third Cross Defendant

Vimreach Pty Ltd

Fourth Plaintiff/fourth Cross Defendant

Margaret Campbell Doman

Fifth Plaintiff/fifth Cross Defendant

Young Scholars @Glebe Pty Ltd

First Defendant/cross Claimant

Joan Elizabeth Stone

Second Defendant

Cubbyhouse Childcare NSW Pty Ltd

Third Defendant

Procedural Posture

Costs Determination / Post Judgment Costs Order

Legal Issues

  1. 1 Appropriate order for costs where plaintiffs partly succeeded and failed on several claims
  2. 2 Costs consequence of inadequate discovery

Ratio Decidendi

Where plaintiffs succeed but do not succeed on all claims and have contributed to unnecessary costs (such as by inadequate discovery), the appropriate order is a proportionate costs order excluding costs for failed aspects and discovery non-compliance.

Court Disposition

The defendants are to pay 80% of the plaintiffs' costs on the ordinary basis, excluding costs attributable to the provision of the explanation for inadequate discovery and the submissions on costs.

Orders

  • The defendants are to pay 80% of the plaintiffs' costs on the ordinary basis excluding the plaintiffs' costs attributable to the provision of the explanation for failure to discover adequately and their costs of, and incidental to, the submissions on costs, to the intent that the parties shall bear their own costs...