Daly v Dicker (costs application) [2001] NSWSC 690

Daly v Dicker (costs application) [2001] NSWSC 690

The Plaintiff was substantially successful and the Defendant was substantially unsuccessful; the entitlement to costs should not be determined solely on an 'accounting exercise' comparing monetary outcomes, but rather practical success in the proceedings.

Parties
Plaintiff: James Brendan Daly; Defendant: Ruth Diana Dicker
Jurisdiction
Australia
Judgment Date
16 August 2001
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Defendant ordered to pay Plaintiff's costs.
Legal Topics
Costs, Discretion of Court
Civil Procedure Costs Discretion of Court

Case Brief

Summary, issues, holding and outcome

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Parties

James Brendan Daly

Plaintiff

Ruth Diana Dicker

Defendant

Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 Which party is entitled to costs after mixed success in the principal proceedings?
  2. 2 Whether costs entitlement should be determined by accounting comparison of claims and outcomes.

Ratio Decidendi

The Plaintiff was substantially successful and the Defendant was substantially unsuccessful; the entitlement to costs should not be determined solely on an 'accounting exercise' comparing monetary outcomes, but rather practical success in the proceedings.

Court Disposition

Defendant ordered to pay Plaintiff's costs.

Orders

  • I order that the Defendant pay the costs of the Plaintiff.