In the matter of Cooperbrown Pty Ltd [2019] NSWSC 1521

In the matter of Cooperbrown Pty Ltd [2019] NSWSC 1521

The proper course to do justice between the parties is to order that the defendant pay 50% of the plaintiff's costs, as the plaintiff succeeded on two grounds but considerable time and evidence was spent on unsuccessful or likely unsuccessful grounds, warranting an apportionment of costs.

Parties
Plaintiff: Cooperbrown Pty Ltd; Defendant: Finestyle Kitchens Pty Ltd
Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Application to Set Aside Creditor's Statutory Demand / Costs Determination After Substantive Judgment
Outcome
The Defendant is to pay 50% of the Plaintiff's costs of the proceedings, as agreed or as assessed.
Legal Topics
Costs, Statutory Demand, Apportionment of Costs
Equity Corporations Costs Statutory Demand Apportionment of Costs

Case Brief

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Parties

Cooperbrown Pty Ltd

Plaintiff

Finestyle Kitchens Pty Ltd

Defendant

Procedural Posture

Application to Set Aside Creditor's Statutory Demand / Costs Determination After Substantive Judgment

Legal Issues

  1. 1 Whether costs should be apportioned where plaintiff had partial success in application to set aside statutory demand
  2. 2 Appropriate proportion of costs to be awarded given the success and conduct of parties

Ratio Decidendi

The proper course to do justice between the parties is to order that the defendant pay 50% of the plaintiff's costs, as the plaintiff succeeded on two grounds but considerable time and evidence was spent on unsuccessful or likely unsuccessful grounds, warranting an apportionment of costs.

Court Disposition

The Defendant is to pay 50% of the Plaintiff's costs of the proceedings, as agreed or as assessed.

Orders

  • The Defendant pay 50% of the Plaintiff's costs of the proceedings, as agreed or as assessed.