Rawlings v Royal Caribbean Cruises Ltd (No 2) [2021] NSWDC 39

Rawlings v Royal Caribbean Cruises Ltd (No 2) [2021] NSWDC 39

The Defendant's application for a percentage or issue-by-issue costs order fails because the issues on which the Plaintiff was unsuccessful were not sufficiently separable or dominant, formed part of a continuous course of conduct, and did not consume a significant part of the trial. There was no demonstrated...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 February 2021
Procedural Posture
Civil / Costs Determination After Judgment
Outcome
Defendant to pay Plaintiff's costs.
Legal Topics
['costs' 'apportionment of Costs' 'costs Following the Event' 'discretion as to Costs' 'non Publication Orders']
['civil Procedure'] ['costs' 'apportionment of Costs' 'costs Following the Event' 'discretion as to Costs' 'non Publication Orders']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Costs Determination After Judgment

Legal Issues

  1. 1 ['Whether costs should follow the event given partial success' 'Whether a percentage order for costs should be made due to unsuccessful discrete issues' 'Whether the issues were interrelated or separable' 'Whether party conduct affected costs discretion']

Ratio Decidendi

The Defendant's application for a percentage or issue-by-issue costs order fails because the issues on which the Plaintiff was unsuccessful were not sufficiently separable or dominant, formed part of a continuous course of conduct, and did not consume a significant part of the trial. There was no demonstrated misconduct by the Plaintiff, nor did the pursuit of unsuccessful claims unreasonably prolong proceedings. Therefore, costs should follow the event and the Defendant is to pay the Plaintiff's costs.

Court Disposition

Defendant to pay Plaintiff's costs.

Orders

  • ["The Defendant to pay the Plaintiff's costs."]