BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWSC 1673

BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWSC 1673

BestCare was entitled to interest to judgment on all damages awarded, including loss of profits, because those damages were found to have been suffered due to Origin's breach of contract and duty of care, BestCare had been kept out of the money since the explosion, and no actual prejudice to Origin was shown beyond costs. BestCare was entitled to most but not all of its costs of the Reference because it substantially retained the benefit of the Reference and the IAMS issue took only a relatively small part of hearing time. It was entitled only partial costs of the adoption hearing because IAMS issues loomed large there. No order should be made for costs of the remitter because both...

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Costs and Interest Determination in Equity Division Commercial List Proceedings / After Substantive Issues Had Been Decided, Including Determination of the Remitter
Outcome
Plaintiff entitled to interest to judgment on all damages awarded; plaintiff entitled to 85% of its costs of the Reference and 60% of its costs on the application to adopt the Referee's Report; each party to pay its own costs of the remitter.
Legal Topics
['pre Judgment Interest' 'costs Follow the Event' 'partial Success on Issues' 'costs of Reference' 'costs of Adoption Hearing' 'costs of Remitter' 'interest on Costs']
['costs' 'civil Procedure' 'interest'] ['pre Judgment Interest' 'costs Follow the Event' 'partial Success on Issues' 'costs of Reference' 'costs of Adoption Hearing' 'costs of Remitter' 'interest on Costs']

Case Brief

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Procedural Posture

Costs and Interest Determination in Equity Division Commercial List Proceedings / After Substantive Issues Had Been Decided, Including Determination of the Remitter

Legal Issues

  1. 1 ['Whether BestCare should be awarded interest to judgment, including on damages for loss of profits.' 'What costs order should be made for the Reference.' "What costs order should be made for the application to adopt the Referee's Report." 'What costs order should be made for the hearing of the remitter.' 'Whether BestCare should be awarded interest on its costs.']

Ratio Decidendi

BestCare was entitled to interest to judgment on all damages awarded, including loss of profits, because those damages were found to have been suffered due to Origin's breach of contract and duty of care, BestCare had been kept out of the money since the explosion, and no actual prejudice to Origin was shown beyond costs. BestCare was entitled to most but not all of its costs of the Reference because it substantially retained the benefit of the Reference and the IAMS issue took only a relatively small part of hearing time. It was entitled only partial costs of the adoption hearing because IAMS issues loomed large there. No order should be made for costs of the remitter because both...

Court Disposition

Plaintiff entitled to interest to judgment on all damages awarded; plaintiff entitled to 85% of its costs of the Reference and 60% of its costs on the application to adopt the Referee's Report; each party to pay its own costs of the remitter.

Orders

  • ['Judgment entered for BestCare against Origin in the sum of $67,126,499.51.' "Origin to pay 85 per cent of BestCare's costs of the Reference." "Origin to pay 60 per cent of BestCare's costs of the adoption hearing." 'No order as to the costs of the remitter, with the intention that each party pay its own costs of...