Garsec v His Majesty The Sultan of Brunei [2007] NSWSC 1201

Garsec v His Majesty The Sultan of Brunei [2007] NSWSC 1201

The plaintiff should pay 80% of the defendants' costs of their notice of motion as the defendants succeeded overall, but the plaintiff had partial success on a discrete issue. The defendants are also entitled to their costs of the proceedings generally, except where covered by earlier orders.

Jurisdiction
Australia
Judgment Date
31 October 2007
Procedural Posture
Civil / Post Judgment (on Costs)
Outcome
Plaintiff to pay 80% of defendants' costs of notice of motion; plaintiff to pay defendants' costs of the proceedings to date, subject to previous orders.
Legal Topics
['costs' 'permanent Stay of Proceedings' 'apportionment of Costs']
['civil Procedure'] ['costs' 'permanent Stay of Proceedings' 'apportionment of Costs']

Case Brief

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Procedural Posture

Civil / Post Judgment (on Costs)

Legal Issues

  1. 1 ['Whether costs of a successful application for permanent stay should follow the event and in what proportion, given discrete issues and partial successes/failures']

Ratio Decidendi

The plaintiff should pay 80% of the defendants' costs of their notice of motion as the defendants succeeded overall, but the plaintiff had partial success on a discrete issue. The defendants are also entitled to their costs of the proceedings generally, except where covered by earlier orders.

Court Disposition

Plaintiff to pay 80% of defendants' costs of notice of motion; plaintiff to pay defendants' costs of the proceedings to date, subject to previous orders.

Orders

  • ["Order the plaintiff to pay 80% of the defendants' costs of the defendants' notice of motion filed in court on 8 December 2006." "Costs payable include the defendants' costs of that notice of motion as amended." "Subject to and without disturbing order 1 or any other costs order hitherto made, order the plaintiff...