Arab Bank of Australia Ltd v Jeitani (No. 2) [2016] NSWSC 726

Arab Bank of Australia Ltd v Jeitani (No. 2) [2016] NSWSC 726

Given that there were three separate claims, with each party successful on one claim and the third settled without unreasonable conduct, the appropriate order was that each party bear their own costs to avoid dual costs assessments and set-off complications.

Jurisdiction
Australia
Judgment Date
08 June 2016
Procedural Posture
Cross Claim / Costs Determination Following Judgment
Outcome
Judgment for Cross-Claimant; each party bears own costs.
Legal Topics
['multiple Issues' 'apportionment' 'cross Claim' 'costs Assessment']
['costs'] ['multiple Issues' 'apportionment' 'cross Claim' 'costs Assessment']

Case Brief

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Procedural Posture

Cross Claim / Costs Determination Following Judgment

Legal Issues

  1. 1 ['Proper order for costs where multiple claims in a cross-claim were decided, with each party having success on some claims and a third claim settled' 'Whether costs should be apportioned or each party bear their own costs' 'Entitlement to costs where a claim settles without judicial determination']

Ratio Decidendi

Given that there were three separate claims, with each party successful on one claim and the third settled without unreasonable conduct, the appropriate order was that each party bear their own costs to avoid dual costs assessments and set-off complications.

Court Disposition

Judgment for Cross-Claimant; each party bears own costs.

Orders

  • ['Judgment in favour of the Cross-Claimant in the amount of $77,429.54.' 'Plaintiff / Cross-Defendant undertakes to submit its legal fees to costs assessment as set out in the terms agreed, with process and refunds as specified.' 'No order as to costs.']