L.N.E. Cunneen & Co Pty Ltd v Allan Vincent Blackburn [2017] NSWSC 677

L.N.E. Cunneen & Co Pty Ltd v Allan Vincent Blackburn [2017] NSWSC 677

Proceedings were to be dismissed with costs, as plaintiff did not achieve sufficient success to justify a costs order in its favour even with an agreed payment, and no basis was shown for relief under the cross-claim. Costs of the main proceedings to be paid by the plaintiff to the defendants (save for cross-claim), and costs of cross-claim to be paid by cross-claimants to cross-defendant, with costs set off against each other.

Jurisdiction
Australia
Judgment Date
29 May 2017
Procedural Posture
Civil / Post Trial Orders (costs Determination)
Outcome
Orders made as to costs; exhibits to be handed back to parties.
Legal Topics
['costs' 'contracts' 'apportionment of Costs']
['equity' 'commercial Law'] ['costs' 'contracts' 'apportionment of Costs']

Case Brief

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Procedural Posture

Civil / Post Trial Orders (costs Determination)

Legal Issues

  1. 1 ['Whether costs should follow the event' 'Whether costs should be apportioned between parties' 'Entitlement to costs in respect of cross-claim']

Ratio Decidendi

Proceedings were to be dismissed with costs, as plaintiff did not achieve sufficient success to justify a costs order in its favour even with an agreed payment, and no basis was shown for relief under the cross-claim. Costs of the main proceedings to be paid by the plaintiff to the defendants (save for cross-claim), and costs of cross-claim to be paid by cross-claimants to cross-defendant, with costs set off against each other.

Court Disposition

Orders made as to costs; exhibits to be handed back to parties.

Orders

  • ["Order the plaintiff to pay the defendants' costs of the proceedings apart from the cross-claim." "Order the cross-claimants to pay the cross-defendant's costs of the cross-claim." 'Order that costs so payable be set off.' 'Exhibits to be handed back to the parties.']