Scarcella v Linknarf Management Services Pty Ltd (In Liq) [2005] NSWSC 263

Scarcella v Linknarf Management Services Pty Ltd (In Liq) [2005] NSWSC 263

Because the plaintiffs were substantially successful in the first trial, succeeded as cross defendants on the cross-claim, and succeeded on five of the six alternative repudiation dates contested in the second trial but failed on the sixth, a global order that the first defendant pay only 50 per cent of the plaintiffs' costs overall was not appropriate. The plaintiffs were entitled to their costs up to and including 5 May 2004 and to 50 per cent of their costs from and after 5 May 2004.

Jurisdiction
Australia
Judgment Date
24 February 2005
Procedural Posture
Equity Proceedings Concerning Lease Repudiation and Costs / Costs Orders After Judgment in the Second Trial
Outcome
Order for costs made.
Legal Topics
['departing From the General Rule as to Costs' 'apportionment of Costs' 'success on Distinct Claims' 'lease Repudiation' 'cross Claims']
['civil Procedure' 'costs' 'equity' 'leases'] ['departing From the General Rule as to Costs' 'apportionment of Costs' 'success on Distinct Claims' 'lease Repudiation' 'cross Claims']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Lease Repudiation and Costs / Costs Orders After Judgment in the Second Trial

Legal Issues

  1. 1 ["Whether the first defendant should pay 50 per cent of the plaintiffs' costs of the claim overall." "Alternatively, whether the first defendant should pay 50 per cent of the plaintiffs' costs after 5 May 2004." 'What costs order was appropriate where the plaintiffs were substantially successful in the first trial and succeeded on five of six alternative repudiation dates in the second trial, but failed on the sixth.']

Ratio Decidendi

Because the plaintiffs were substantially successful in the first trial, succeeded as cross defendants on the cross-claim, and succeeded on five of the six alternative repudiation dates contested in the second trial but failed on the sixth, a global order that the first defendant pay only 50 per cent of the plaintiffs' costs overall was not appropriate. The plaintiffs were entitled to their costs up to and including 5 May 2004 and to 50 per cent of their costs from and after 5 May 2004.

Court Disposition

Order for costs made.

Orders

  • ['Orders in accordance with the short minutes initialled by Hamilton J and placed with the papers.' 'The plaintiffs should have their costs up to and including 5 May 2004.' 'The plaintiffs should have 50 per cent of their costs from and after 5 May 2004.']