Corbett v Nguyen (No 2) [2012] NSWSC 673

Corbett v Nguyen (No 2) [2012] NSWSC 673

Defendants were the clear winners on substantive issues; although cross claim against plaintiff was dismissed, this resulted from plaintiff's claim failing. Costs should follow the event, with a 10% reduction to recognize partial plaintiff success. Set-off orders are justified in equity. No orders for indemnity costs or interest on costs due to lack of supporting evidence. Plaintiff must indemnify defendants for cross claim costs paid to solicitor cross-defendant.

Jurisdiction
Australia
Judgment Date
22 June 2012
Procedural Posture
Equity Division Proceeding / Post Trial Costs Determination
Outcome
Costs orders as specified, including set-off, indemnification, and partial reduction.
Legal Topics
["costs Cross Claim Dismissed Because Plaintiff's Claim Failed" 'set Off Costs Against Costs and Costs Against Judgment']
['costs'] ["costs Cross Claim Dismissed Because Plaintiff's Claim Failed" 'set Off Costs Against Costs and Costs Against Judgment']

Case Brief

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Procedural Posture

Equity Division Proceeding / Post Trial Costs Determination

Legal Issues

  1. 1 ['Entitlement to costs following partial success and dismissal of cross claim' 'Applicability of indemnity costs' 'Appropriateness of set-off orders' 'Allocation of costs between plaintiff, defendants, and cross-defendant' 'Interest on costs']

Ratio Decidendi

Defendants were the clear winners on substantive issues; although cross claim against plaintiff was dismissed, this resulted from plaintiff's claim failing. Costs should follow the event, with a 10% reduction to recognize partial plaintiff success. Set-off orders are justified in equity. No orders for indemnity costs or interest on costs due to lack of supporting evidence. Plaintiff must indemnify defendants for cross claim costs paid to solicitor cross-defendant.

Court Disposition

Costs orders as specified, including set-off, indemnification, and partial reduction.

Orders

  • ["Plaintiff to pay 90% of defendants' costs, including cross claim costs and costs thrown away due to amendments." 'Defendants to pay costs of second cross defendant on cross claim between them.' "Plaintiff to pay defendants' costs of cross claim against second cross defendant and indemnify defendants against costs...