GOWAY Travel Pty Limited v Critchley (No 2) [2024] NSWSC 810

GOWAY Travel Pty Limited v Critchley (No 2) [2024] NSWSC 810

Plaintiff succeeded only on an amended cause of action introduced in December 2022; absent that amendment, it would have failed. Therefore, plaintiff is to pay defendants' costs up to 21 December 2022 and recover costs thereafter. Claim for travel relating to Ms Fryer and Ms Story was not separable, so no special costs order for that component. Proceedings were appropriately brought in the Supreme Court given complexity. Quantum upheld at $264,572.07 as per findings in the earlier judgment.

Parties
Plaintiff: GOWAY Travel Pty Limited; First Defendant: Robert Critchley; Second Defendant: Lynette Tarbuck
Jurisdiction
Australia
Judgment Date
01 July 2024
Procedural Posture
Equity Proceedings / Costs and Quantum Judgment Following Substantive Judgment
Outcome
Judgment for plaintiff with detailed costs orders as specified.
Legal Topics
Costs, Party/party Costs, Late Amendment, Severability of Claims, Jurisdiction, Calderbank Offers, Quantum Calculation
Equity Civil Procedure Costs Party/party Costs Late Amendment Severability of Claims Jurisdiction Calderbank Offers +1 more

Case Brief

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Parties

GOWAY Travel Pty Limited

Plaintiff

Robert Critchley

First Defendant

Lynette Tarbuck

Second Defendant

Procedural Posture

Equity Proceedings / Costs and Quantum Judgment Following Substantive Judgment

Legal Issues

  1. 1 Whether late amendment by plaintiff justifies a departure from the usual costs order
  2. 2 Whether costs of failed claim for travel are separable and should be dealt with separately
  3. 3 Whether proceedings should have been brought in the District Court and whether this affects costs

Ratio Decidendi

Plaintiff succeeded only on an amended cause of action introduced in December 2022; absent that amendment, it would have failed. Therefore, plaintiff is to pay defendants' costs up to 21 December 2022 and recover costs thereafter. Claim for travel relating to Ms Fryer and Ms Story was not separable, so no special costs order for that component. Proceedings were appropriately brought in the Supreme Court given complexity. Quantum upheld at $264,572.07 as per findings in the earlier judgment.

Court Disposition

Judgment for plaintiff with detailed costs orders as specified.

Orders

  • Plaintiff to pay defendants' costs up to and including 21 December 2022; defendants to pay plaintiff's costs thereafter excluding the costs of the defendants' motion of 20 February 2024.
  • Defendants to pay two-thirds of plaintiff's costs of the defendants' motion of 20 February 2024.