Wood v Crawford [No 2] [2010] NSWSC 252

Wood v Crawford [No 2] [2010] NSWSC 252

Although the plaintiff was substantially successful and obtained principal relief, his conduct contributed significantly to the litigation and to the incurred costs. The defendant’s conduct in unreasonably resisting relief and delaying admissions also justifies an order for costs in the plaintiff’s favour, but only partially. Therefore, the defendant is ordered to pay 50% of the plaintiff’s costs up to the date of the principal judgment and also 50% of the costs of the argument as to costs. Questions concerning costs incurred after the principal judgment are reserved.

Parties
Plaintiff: Michael Wood; Defendant: Eddy Crawford
Jurisdiction
Australia
Judgment Date
06 April 2010
Procedural Posture
Equity Proceedings / Post Judgment, Consideration of Costs
Outcome
Partial award of costs to plaintiff; questions of further costs reserved.
Legal Topics
Costs, Trusts, Property, Beneficial Ownership
Equity Civil Procedure Costs Trusts Property Beneficial Ownership

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Wood

Plaintiff

Eddy Crawford

Defendant

Procedural Posture

Equity Proceedings / Post Judgment, Consideration of Costs

Legal Issues

  1. 1 Whether the plaintiff or defendant is entitled to costs and in what proportion
  2. 2 Whether the conduct of either party should deprive them of costs under the general rule that costs follow the event

Ratio Decidendi

Although the plaintiff was substantially successful and obtained principal relief, his conduct contributed significantly to the litigation and to the incurred costs. The defendant’s conduct in unreasonably resisting relief and delaying admissions also justifies an order for costs in the plaintiff’s favour, but only partially. Therefore, the defendant is ordered to pay 50% of the plaintiff’s costs up to the date of the principal judgment and also 50% of the costs of the argument as to costs. Questions concerning costs incurred after the principal judgment are reserved.

Court Disposition

Partial award of costs to plaintiff; questions of further costs reserved.

Orders

  • Direct each party to file and serve agreed orders consequent upon both the judgment of 24 December 2009 and today's judgment, or in the absence of agreement, to serve each party's proposed consequential orders by 9 April 2010.
  • Order the defendant to pay 50% of the plaintiff's costs incurred up to 24 December 2009 and 50% of the plaintiff's costs of the present argument as to costs.