Sheridan v Tavener [2000] NFSC 1

Sheridan v Tavener [2000] NFSC 1

The plaintiffs substantially succeeded in obtaining injunctive relief in the terms of cl 6 of the agreement, but their claim had been advanced on a wider basis than was upheld. A fair reflection of that outcome was that the defendants pay three-quarters of the plaintiffs' costs to date. Indemnity costs were refused because no exceptional circumstances were evident, and the Calderbank offer did not relevantly apply on its terms.

Jurisdiction
Australia
Judgment Date
01 January 2000
Procedural Posture
Civil Proceedings / Reasons for Judgment on Costs After Principal Injunctive Relief
Outcome
The defendants were ordered to pay three-quarters of the plaintiffs' costs to date.
Legal Topics
['costs After Injunction' 'indemnity Costs' 'calderbank Offer' 'contractual Restraint']
['civil Procedure' 'costs' 'contract'] ['costs After Injunction' 'indemnity Costs' 'calderbank Offer' 'contractual Restraint']

Case Brief

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Procedural Posture

Civil Proceedings / Reasons for Judgment on Costs After Principal Injunctive Relief

Legal Issues

  1. 1 ["Whether the defendants should pay the plaintiffs' costs to date." "Whether the plaintiffs' costs should be awarded on an indemnity basis." 'Whether a Calderbank offer affected the costs order.' "Whether the plaintiffs' overbroad claim for injunctive relief should reduce their costs recovery."]

Ratio Decidendi

The plaintiffs substantially succeeded in obtaining injunctive relief in the terms of cl 6 of the agreement, but their claim had been advanced on a wider basis than was upheld. A fair reflection of that outcome was that the defendants pay three-quarters of the plaintiffs' costs to date. Indemnity costs were refused because no exceptional circumstances were evident, and the Calderbank offer did not relevantly apply on its terms.

Court Disposition

The defendants were ordered to pay three-quarters of the plaintiffs' costs to date.

Orders

  • ['The defendants pay three-quarters of the costs of the plaintiffs to date.']