Forrester v Island Industries Pty Ltd (No. 2) [2010] NFSC 2

Forrester v Island Industries Pty Ltd (No. 2) [2010] NFSC 2

Given the large disparity between the amount claimed and the amount awarded, plaintiff's lack of success on major issues, and defendants' procedural failures, a fair and just result is that the defendants pay one quarter of the plaintiff's costs.

Jurisdiction
Australia
Judgment Date
15 March 2010
Procedural Posture
Civil / Costs Determination After Judgment
Outcome
Judgment for plaintiff; order as to costs
Legal Topics
['costs' 'remediation' 'damages' 'quarrying']
['civil Procedure'] ['costs' 'remediation' 'damages' 'quarrying']

Case Brief

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Procedural Posture

Civil / Costs Determination After Judgment

Legal Issues

  1. 1 ['Appropriate costs order following judgment where damages awarded are substantially less than claimed' 'Appropriate quantum of damages for remediation work under a deed']

Ratio Decidendi

Given the large disparity between the amount claimed and the amount awarded, plaintiff's lack of success on major issues, and defendants' procedural failures, a fair and just result is that the defendants pay one quarter of the plaintiff's costs.

Court Disposition

Judgment for plaintiff; order as to costs

Orders

  • ['Judgment for the plaintiff against both defendants in the sum of $169,872.51.' "Defendants to pay one quarter of the plaintiff's costs on a party and party basis."]