Hawcroft v Jamieson (No 2) [2017] NSWSC 1599

Hawcroft v Jamieson (No 2) [2017] NSWSC 1599

The plaintiff obtained judgment in her favour by securing a declaration that the chairperson resolution was invalid and of no effect, so she was prima facie entitled to costs. However, her failed claim that the Protocol was legally binding and enforceable was a dominant issue on which significant time was spent, justifying a broad-brush discount for mixed success. The Court was not persuaded to revise its preliminary view and ordered the defendants to pay 60 percent of the plaintiff's costs. Because the defendants did not oppose interest on costs and the evidence showed costs and disbursements had been paid by the plaintiff over time, interest at the prescribed rate was ordered on the...

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Costs / Post Judgment Determination of Costs and Interest on Costs on the Papers
Outcome
Defendants ordered to pay 60 percent of the plaintiff's costs of the proceedings, with interest on costs and disbursements at the prescribed rate on the allowed percentage, and liberty to apply.
Legal Topics
['costs Following the Event' 'mixed Success' 'apportionment of Costs' 'interest on Costs']
['civil Procedure' 'costs'] ['costs Following the Event' 'mixed Success' 'apportionment of Costs' 'interest on Costs']

Case Brief

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Procedural Posture

Costs / Post Judgment Determination of Costs and Interest on Costs on the Papers

Legal Issues

  1. 1 ["Whether the preliminary view that the defendants pay 60 percent of the plaintiff's costs should be disturbed where the plaintiff had mixed success." 'Whether interest on costs should be ordered, and in what form, where the plaintiff receives only a percentage of her costs.']

Ratio Decidendi

The plaintiff obtained judgment in her favour by securing a declaration that the chairperson resolution was invalid and of no effect, so she was prima facie entitled to costs. However, her failed claim that the Protocol was legally binding and enforceable was a dominant issue on which significant time was spent, justifying a broad-brush discount for mixed success. The Court was not persuaded to revise its preliminary view and ordered the defendants to pay 60 percent of the plaintiff's costs. Because the defendants did not oppose interest on costs and the evidence showed costs and disbursements had been paid by the plaintiff over time, interest at the prescribed rate was ordered on the...

Court Disposition

Defendants ordered to pay 60 percent of the plaintiff's costs of the proceedings, with interest on costs and disbursements at the prescribed rate on the allowed percentage, and liberty to apply.

Orders

  • ["Defendants to pay 60 percent of the plaintiff's costs of the proceedings." 'The defendants pay to the plaintiff interest on costs and disbursements, at the prescribed rate as defined in s 101(7) of the Civil Procedure Act 2005 (NSW), on the Allowed Percentage of each amount of costs and disbursements actually paid...