Russo v Resource Developments International Pty Ltd (No 2) [2003] NSWSC 446

Russo v Resource Developments International Pty Ltd (No 2) [2003] NSWSC 446

Although the fifth defendant's conduct in fabricating documents and maintaining their validity was improper, it did not induce the plaintiff to litigate, did not occasion unnecessary litigation or expense, and was too collateral to the cause of action between the plaintiff and the fifth defendant. Because the plaintiff wholly failed against the fifth defendant, the ordinary costs order followed.

Jurisdiction
Australia
Judgment Date
26 May 2003
Procedural Posture
Costs Determination in Equity Division Proceedings / After Judgment on Substantive Claims
Outcome
Plaintiff to pay the fifth defendant's costs.
Legal Topics
['costs Following the Event' 'discretion to Deprive Successful Party of Costs' 'successful Defendant' 'misconduct Collateral to Cause of Action' 'fabricated Documents in Evidence']
['civil Procedure' 'costs'] ['costs Following the Event' 'discretion to Deprive Successful Party of Costs' 'successful Defendant' 'misconduct Collateral to Cause of Action' 'fabricated Documents in Evidence']

Case Brief

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Procedural Posture

Costs Determination in Equity Division Proceedings / After Judgment on Substantive Claims

Legal Issues

  1. 1 ['Whether the fifth defendant, who wholly succeeded against the plaintiff, should nevertheless be deprived of his costs because the Court found he fabricated documents and maintained their validity.' "Whether the fifth defendant's conduct was sufficiently connected with the cause of action, institution of the proceedings, or conduct of the litigation to justify departure from the ordinary costs order."]

Ratio Decidendi

Although the fifth defendant's conduct in fabricating documents and maintaining their validity was improper, it did not induce the plaintiff to litigate, did not occasion unnecessary litigation or expense, and was too collateral to the cause of action between the plaintiff and the fifth defendant. Because the plaintiff wholly failed against the fifth defendant, the ordinary costs order followed.

Court Disposition

Plaintiff to pay the fifth defendant's costs.

Orders

  • ["The plaintiff must pay the fifth defendant's costs."]