CPB Contractors Pty Ltd v Rizzani De Eccher Australia Pty Ltd (No 2) [2018] NSWSC 74

CPB Contractors Pty Ltd v Rizzani De Eccher Australia Pty Ltd (No 2) [2018] NSWSC 74

Although CPB did not succeed on all issues and did not obtain precisely the relief sought, it was in substance the successful party because, absent the urgent proceedings, it would not have obtained the timely order requiring RdE to sign the JV Board resolution for the Called Sum. RdE's late disclosure of a critical factual contention also made it reasonable for CPB to test the evidence. The ordinary rule that costs follow the event therefore applied, and RdE was ordered to pay CPB's costs on the ordinary basis.

Jurisdiction
Australia
Judgment Date
09 February 2018
Procedural Posture
Costs / Costs Determination on the Papers Following Earlier Reasons and Orders
Outcome
The defendant was ordered to pay the plaintiff's costs of the proceedings on the ordinary basis.
Legal Topics
['party/party Costs' 'costs Following the Event' 'urgent Proceedings' 'mixed Success' 'apportionment of Costs']
['civil Procedure' 'costs'] ['party/party Costs' 'costs Following the Event' 'urgent Proceedings' 'mixed Success' 'apportionment of Costs']

Case Brief

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Procedural Posture

Costs / Costs Determination on the Papers Following Earlier Reasons and Orders

Legal Issues

  1. 1 ["Whether the defendant should pay the plaintiff's costs of the proceedings on the ordinary basis." 'Whether there should be no order as to costs, or an apportioned costs order, because the plaintiff did not obtain all relief sought and did not succeed on all issues.' "Whether the urgency of the proceedings and the plaintiff's substantive success justified applying the ordinary rule that costs follow the event."]

Ratio Decidendi

Although CPB did not succeed on all issues and did not obtain precisely the relief sought, it was in substance the successful party because, absent the urgent proceedings, it would not have obtained the timely order requiring RdE to sign the JV Board resolution for the Called Sum. RdE's late disclosure of a critical factual contention also made it reasonable for CPB to test the evidence. The ordinary rule that costs follow the event therefore applied, and RdE was ordered to pay CPB's costs on the ordinary basis.

Court Disposition

The defendant was ordered to pay the plaintiff's costs of the proceedings on the ordinary basis.

Orders

  • ["The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis."]