In the matter of ICB Medical Distributors Pty Ltd and The International College of Biomechanics Pty Ltd; ICB Gait and Posture Clinic Pty Ltd; Foot Steps Orthotics Pty Limited [2019] NSWSC 174

In the matter of ICB Medical Distributors Pty Ltd and The International College of Biomechanics Pty Ltd; ICB Gait and Posture Clinic Pty Ltd; Foot Steps Orthotics Pty Limited [2019] NSWSC 174

Where each party succeeded and failed on significant issues and neither obtained their primary relief, and party conduct did not justify departure from the default rule, the proper order is that there be no further order as to costs, leaving each party to bear their own costs, save for earlier orders already made.

Parties
Plaintiff/cross Defendant: Abdul Rahman Najjarine; Defendant/cross Claimant: Rodney St John Kielt
Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Corporations Dispute / Costs Determination Post Judgment
Outcome
No further order as to costs. Each party to bear their own costs, except for earlier costs orders already made.
Legal Topics
Exceptions to Costs Follow the Event, Party Conduct and Partial Success, Oppression, Buy Out Order, Valuation Hearing
Costs Corporations Exceptions to Costs Follow the Event Party Conduct and Partial Success Oppression Buy Out Order Valuation Hearing

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Abdul Rahman Najjarine

Plaintiff/cross Defendant

Rodney St John Kielt

Defendant/cross Claimant

Procedural Posture

Corporations Dispute / Costs Determination Post Judgment

Legal Issues

  1. 1 Whether an order as to costs should be made in the context of partial success and unsuccessful primary relief
  2. 2 Application of the principle that costs follow the event, and exceptions thereto based on party conduct
  3. 3 Appropriate allocation of costs where both parties succeeded and failed in various aspects of the proceedings

Ratio Decidendi

Where each party succeeded and failed on significant issues and neither obtained their primary relief, and party conduct did not justify departure from the default rule, the proper order is that there be no further order as to costs, leaving each party to bear their own costs, save for earlier orders already made.

Court Disposition

No further order as to costs. Each party to bear their own costs, except for earlier costs orders already made.

Orders

  • No further order as to costs of the proceedings be made.