In the matter of SecureNet Technologies Pty Ltd [2022] NSWSC 231
Given the mixed result, Mr Wilson could not fairly be characterised as the successful party and did not enjoy the better side of the mixed events arising from the Earlier Judgment. There was no basis to apportion costs to particular issues or to order that the Plaintiffs pay 75% of his costs, and the appropriate order was no order as to the costs of the proceedings.
- Jurisdiction
- Australia
- Judgment Date
- 07 March 2022
- Procedural Posture
- Equity Corporations List Procedural Ruling on Costs / Post Judgment Determination of Orders and Costs Following Earlier Judgment
- Outcome
- Orders made with no order as to costs.
- Legal Topics
- ['apportionment of Costs' 'mixed Success in Proceedings' 'no Order as to Costs']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Equity Corporations List Procedural Ruling on Costs / Post Judgment Determination of Orders and Costs Following Earlier Judgment
Legal Issues
- 1 ['Whether costs should be apportioned following a mixed outcome in the proceedings.' "Whether the Plaintiffs should pay 75% of the Defendant's costs as assessed or agreed." 'Whether there should be no order as to costs.']
Ratio Decidendi
Given the mixed result, Mr Wilson could not fairly be characterised as the successful party and did not enjoy the better side of the mixed events arising from the Earlier Judgment. There was no basis to apportion costs to particular issues or to order that the Plaintiffs pay 75% of his costs, and the appropriate order was no order as to the costs of the proceedings.
Court Disposition
Orders made with no order as to costs.
Orders
- ['The orders agreed between the parties were made.' 'There be no order as to the costs of the proceedings.']
Full Case Text
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