Eden Productions Pty Ltd v Southern Star Group (No.3) [2003] NSWSC 534

Eden Productions Pty Ltd v Southern Star Group (No.3) [2003] NSWSC 534

Because the parties succeeded on different heads of claim and cross-claim, and the issues litigated were separable, the appropriate order is for defendants to pay one third of plaintiff's costs of claim and cross-claim rather than making a general or strictly mathematical order.

Jurisdiction
Australia
Judgment Date
20 June 2003
Procedural Posture
Commercial Dispute / Post Judgment (costs Determination)
Outcome
Defendants to pay one third of plaintiff's costs of claim and cross-claim
Legal Topics
['costs' 'cross Claim' 'equitable Set Off' 'apportionment of Costs']
['civil Procedure' 'commercial Law'] ['costs' 'cross Claim' 'equitable Set Off' 'apportionment of Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Commercial Dispute / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether costs should follow the event when plaintiff succeeded on some claims and failed on others and defendants succeeded on cross-claim' 'Whether dominant or separable issues warrant departure from usual costs rule' 'Whether costs should be apportioned or awarded as a whole']

Ratio Decidendi

Because the parties succeeded on different heads of claim and cross-claim, and the issues litigated were separable, the appropriate order is for defendants to pay one third of plaintiff's costs of claim and cross-claim rather than making a general or strictly mathematical order.

Court Disposition

Defendants to pay one third of plaintiff's costs of claim and cross-claim

Orders

  • ["Defendants to pay one third of plaintiff's costs of claim and cross-claim"]