Spence v Rigging Rentals WA Pty Ltd [2016] FCA 154

Spence v Rigging Rentals WA Pty Ltd [2016] FCA 154

The plaintiff was substantially successful in the main claim, the cross-claim substantially failed, and there is no basis for apportioning costs; the applicant is entitled to costs in full in both the action and cross-claim, and to interest from the date of any Certificate of Taxation.

Jurisdiction
Australia
Judgment Date
25 February 2016
Procedural Posture
Corporations and Corporate Insolvency / Application for Costs Following Judgment
Outcome
Costs orders in favour of plaintiff; no apportionment; interest to run from date of Certificate of Taxation.
Legal Topics
['costs' 'oppression Remedy' 'cross Claim Apportionment' 'interest on Costs' 'judgment Interest']
['civil Procedure' 'corporations Law'] ['costs' 'oppression Remedy' 'cross Claim Apportionment' 'interest on Costs' 'judgment Interest']

Case Brief

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Procedural Posture

Corporations and Corporate Insolvency / Application for Costs Following Judgment

Legal Issues

  1. 1 ['Whether costs should be apportioned between parties given the results in the claim and cross-claim' 'Entitlement to interest on taxed costs under Rule 40.32 of the Federal Court Rules 2011' 'Entitlement to post judgment interest under s 52 of the Federal Court of Australia Act 1976']

Ratio Decidendi

The plaintiff was substantially successful in the main claim, the cross-claim substantially failed, and there is no basis for apportioning costs; the applicant is entitled to costs in full in both the action and cross-claim, and to interest from the date of any Certificate of Taxation.

Court Disposition

Costs orders in favour of plaintiff; no apportionment; interest to run from date of Certificate of Taxation.

Orders

  • ["The Second and third Defendants jointly and severally pay the Plaintiff's costs of the action to be taxed if not agreed." "The First Defendant pay the Plaintiff's costs of the cross-claim to be taxed if not agreed." "The First, Second and Third Defendants jointly and severally pay the Plaintiff's costs of this...