Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) (No. 2) [2023] NSWSC 533

Hanave Pty Ltd v Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd) (No. 2) [2023] NSWSC 533

The appropriate costs order is that the defendant pay 95% of the plaintiff's costs, reflecting the overall success of the plaintiff while acknowledging a limited separable issue (ground 7) on which the defendant succeeded, thus warranting a 5% reduction in recoverable costs.

Parties
Plaintiff: Hanave Pty Ltd; Defendant: Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd)
Jurisdiction
Australia
Judgment Date
19 May 2023
Procedural Posture
Procedural Rulings / Variation of Costs Order Following Judgment
Outcome
Order 8 made on 24 March 2023 varied.
Legal Topics
Costs, Apportionment of Costs, Calderbank Offers
Civil Procedure Costs Apportionment of Costs Calderbank Offers

Case Brief

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Parties

Hanave Pty Ltd

Plaintiff

Nomad Sydney Pty Ltd (formerly Wine Nomad Pty Ltd)

Defendant

Procedural Posture

Procedural Rulings / Variation of Costs Order Following Judgment

Legal Issues

  1. 1 Whether the defendant bettered the terms in its Calderbank offer and costs should be apportioned accordingly
  2. 2 Whether costs should be apportioned reflecting successes and failures of parties on particular issues
  3. 3 Whether reservation or apportionment of costs regarding specific issues is warranted

Ratio Decidendi

The appropriate costs order is that the defendant pay 95% of the plaintiff's costs, reflecting the overall success of the plaintiff while acknowledging a limited separable issue (ground 7) on which the defendant succeeded, thus warranting a 5% reduction in recoverable costs.

Court Disposition

Order 8 made on 24 March 2023 varied.

Orders

  • Order the defendant to pay 95% of the plaintiff's costs of the proceeding in this Court.