Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568

Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) [2007] NSWSC 568

Where the plaintiff was only partly successful and brought multiple claims against multiple defendants with significant factual overlap but also some unnecessary or unsuccessful causes, a proportional costs order should be made. As against Mittane Ltd, the plaintiff recovers 65% of its costs. As between the plaintiff and Dame Kiri, there is no order as to costs. Plaintiff is to pay the costs of Nick Grace Management Ltd and Nick Grace, but Mittane Ltd is to pay 20% of those costs directly to them, to account for the necessity of their joinder created by Mittane's conduct regarding agency. Plaintiff is entitled to interest on the judgment amount for all relevant periods, as delay was not...

Jurisdiction
Australia
Judgment Date
08 June 2007
Procedural Posture
Proceedings in Equity (commercial List) / Post Trial, Costs and Interest Judgment
Outcome
Plaintiff entitled to entry of judgment with interest; costs orders as specified; calculation of interest ordered on agreed basis.
Legal Topics
['costs' 'interest' 'agency' 'trade Practices' 'misleading or Deceptive Conduct']
['civil Procedure' 'equity'] ['costs' 'interest' 'agency' 'trade Practices' 'misleading or Deceptive Conduct']

Case Brief

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Procedural Posture

Proceedings in Equity (commercial List) / Post Trial, Costs and Interest Judgment

Legal Issues

  1. 1 ['Whether and in what proportion costs should be awarded between the parties given partial success and multiple claims; whether interest should be denied for periods of alleged delay']

Ratio Decidendi

Where the plaintiff was only partly successful and brought multiple claims against multiple defendants with significant factual overlap but also some unnecessary or unsuccessful causes, a proportional costs order should be made. As against Mittane Ltd, the plaintiff recovers 65% of its costs. As between the plaintiff and Dame Kiri, there is no order as to costs. Plaintiff is to pay the costs of Nick Grace Management Ltd and Nick Grace, but Mittane Ltd is to pay 20% of those costs directly to them, to account for the necessity of their joinder created by Mittane's conduct regarding agency. Plaintiff is entitled to interest on the judgment amount for all relevant periods, as delay was not...

Court Disposition

Plaintiff entitled to entry of judgment with interest; costs orders as specified; calculation of interest ordered on agreed basis.

Orders

  • ["Mittane Ltd to pay 65% of plaintiff's costs of proceedings against it." 'No order as to costs between plaintiff and Dame Kiri.' 'Plaintiff to pay the costs of Nick Grace Management Ltd and Nick Grace.' 'Mittane Ltd to pay directly to Nick Grace Management Ltd and Nick Grace 20% of the costs the plaintiff has been...