Potts v Dennis Jones & Co Pty Ltd [1995] FCA 713

Potts v Dennis Jones & Co Pty Ltd [1995] FCA 713

The ordinary rule that costs follow the event should not apply in this extraordinary situation, as the conduct of the Jones interests in withdrawing from proceedings contributed to the circumstances leading to the dismissal of the cross claim; thus, there should be no order as to costs, with each party bearing its own costs of the cross claim.

Jurisdiction
Australia
Judgment Date
08 September 1995
Procedural Posture
Cross Claim Related to Indemnity Due to Settlement of Head Claim Under Practice and Procedure / Costs Following Dismissal of Cross Claim After Settlement of Principal Claim
Outcome
Citibank's cross claim dismissed as against the Jones interests; no order as to costs of the cross claim.
Legal Topics
['practice and Procedure' 'costs' 'cross Claims' 'settlement' 'order for Costs' 'discontinuance']
['civil Procedure' 'costs'] ['practice and Procedure' 'costs' 'cross Claims' 'settlement' 'order for Costs' 'discontinuance']

Case Brief

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Procedural Posture

Cross Claim Related to Indemnity Due to Settlement of Head Claim Under Practice and Procedure / Costs Following Dismissal of Cross Claim After Settlement of Principal Claim

Legal Issues

  1. 1 ["Whether costs on cross claim should 'follow the event' of its dismissal or whether a special order should be made given the conduct of the parties"]

Ratio Decidendi

The ordinary rule that costs follow the event should not apply in this extraordinary situation, as the conduct of the Jones interests in withdrawing from proceedings contributed to the circumstances leading to the dismissal of the cross claim; thus, there should be no order as to costs, with each party bearing its own costs of the cross claim.

Court Disposition

Citibank's cross claim dismissed as against the Jones interests; no order as to costs of the cross claim.

Orders

  • ["The fifth respondent's cross claim brought by amended cross claim filed on 29 March 1994 be dismissed as against the first and second cross respondents." 'No order as to costs—each party to bear its own costs of the cross claim.']