Krupace Holdings Pty Limited v China Hotel Investments Pty Limited & Ors (Costs) [2018] NSWSC 990
Where proceedings involve separable and clearly dominant issues, it is appropriate to apportion costs to correspond to the parties' success or failure on those issues; as the bulk of the case and costs related to the fiduciary claims on which plaintiff failed, plaintiff should pay 80% of defendants’ costs.
- Jurisdiction
- Australia
- Judgment Date
- 05 June 2018
- Procedural Posture
- Equity Proceeding (costs Determination) / Post Judgment Application for Costs Orders
- Outcome
- Plaintiff to pay 80% of Defendants’ costs of the hearing
- Legal Topics
- ['costs' 'costs Follow the Event' 'assessment of Costs' 'estoppel']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Equity Proceeding (costs Determination) / Post Judgment Application for Costs Orders
Legal Issues
- 1 ['Whether costs should follow the event where plaintiff succeeded on one severable issue but failed on dominant fiduciary claims' 'How to apportion costs where plaintiff successful on minor issue but unsuccessful on main issue']
Ratio Decidendi
Where proceedings involve separable and clearly dominant issues, it is appropriate to apportion costs to correspond to the parties' success or failure on those issues; as the bulk of the case and costs related to the fiduciary claims on which plaintiff failed, plaintiff should pay 80% of defendants’ costs.
Court Disposition
Plaintiff to pay 80% of Defendants’ costs of the hearing
Orders
- ["Plaintiff to pay 80% of the Defendants' costs of the hearing; balance of costs for July Notice issue to Plaintiff."]
Full Case Text
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