Dimento v Dimento & Anor (Costs) [2007] NSWSC 1233

Dimento v Dimento & Anor (Costs) [2007] NSWSC 1233

Each party succeeded and failed on different issues, with the principal issue decided against the plaintiff, but the plaintiff having some minor success. Taking into account the relative measure of each party's success, the nature of the dispute, and the division of costs entitlements, the appropriate order is that there be no order as to costs.

Parties
Plaintiff: Giacomo Dimento; First Defendant: Guiseppe Dimento; Second Defendant: Francesco Dimento
Jurisdiction
Australia
Judgment Date
23 October 2007
Procedural Posture
Civil / Costs Judgment
Outcome
No order as to costs
Legal Topics
Costs, Specific Performance, Damages, Declaratory Relief
Civil Procedure Equity Costs Specific Performance Damages Declaratory Relief

Case Brief

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Parties

Giacomo Dimento

Plaintiff

Guiseppe Dimento

First Defendant

Francesco Dimento

Second Defendant

Procedural Posture

Civil / Costs Judgment

Legal Issues

  1. 1 Whether costs should follow the event where each party has had a measure of success
  2. 2 Appropriateness of dissecting costs by issue
  3. 3 Entitlement to specific performance of a contract for transfer of fishing licences

Ratio Decidendi

Each party succeeded and failed on different issues, with the principal issue decided against the plaintiff, but the plaintiff having some minor success. Taking into account the relative measure of each party's success, the nature of the dispute, and the division of costs entitlements, the appropriate order is that there be no order as to costs.

Court Disposition

No order as to costs

Orders

  • Each party to bear his or her own costs