Expectation Pty Ltd v PRD Realty Pty Ltd [2003] FCA 1086

Expectation Pty Ltd v PRD Realty Pty Ltd [2003] FCA 1086

Costs awarded to first and second respondents against the applicant on a party and party basis up to 19 September 1999, and indemnity basis thereafter except costs relating to compromise issue, where they were unsuccessful and do not receive costs; first and second respondents must pay third respondent's costs on party and party basis due to their responsibility for the compromise issue and joinder.

Parties
Applicant: Expectation Pty Ltd; First Respondent: PRD Realty Pty Ltd; Second Respondent: Gordon Douglas; Third Respondent: John Hammond
Jurisdiction
Australia
Judgment Date
09 October 2003
Procedural Posture
Civil / Post Trial, Costs Determination
Outcome
proceeding against all respondents dismissed; costs orders made
Legal Topics
Costs, Misrepresentation, Compromise Agreements, Offers of Settlement
Commercial Law Litigation Costs Misrepresentation Compromise Agreements Offers of Settlement

Case Brief

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Parties

Expectation Pty Ltd

Applicant

PRD Realty Pty Ltd

First Respondent

Gordon Douglas

Second Respondent

John Hammond

Third Respondent

Procedural Posture

Civil / Post Trial, Costs Determination

Legal Issues

  1. 1 Should costs be awarded on an indemnity basis or party and party basis?
  2. 2 Should successful respondents be denied costs on discrete issues on which they were unsuccessful?
  3. 3 Should a Sanderson or Bullock order for costs be made against certain respondents in favour of another?

Ratio Decidendi

Costs awarded to first and second respondents against the applicant on a party and party basis up to 19 September 1999, and indemnity basis thereafter except costs relating to compromise issue, where they were unsuccessful and do not receive costs; first and second respondents must pay third respondent's costs on party and party basis due to their responsibility for the compromise issue and joinder.

Court Disposition

proceeding against all respondents dismissed; costs orders made

Orders

  • The proceeding against the first, second and third respondents be dismissed.
  • The applicant pay the first and second respondents' costs of and incidental to the proceeding, including reserved costs, save and except the costs of the first and second respondents in relation to the issue of an agreement of compromise. The costs of the first and second respondents are to be taxed on a party and...