Notesco Pty Ltd v Australian Financial Complaints Authority Ltd (No 2) [2022] NSWSC 422

Notesco Pty Ltd v Australian Financial Complaints Authority Ltd (No 2) [2022] NSWSC 422

As the plaintiff succeeded only on a minor contention that occupied a small portion of the hearing, while failing on primary arguments and with the first defendant raising unsuccessful defences, the appropriate order was for the first defendant to pay 50% of the plaintiff's costs to reflect mixed degrees of success and fairness.

Jurisdiction
Australia
Judgment Date
11 April 2022
Procedural Posture
Application for Declaratory and Injunctive Relief / Costs Ruling After Substantive Judgment
Outcome
Costs order—first defendant to pay 50% of plaintiff's costs on a party and party basis.
Legal Topics
['costs' 'apportionment of Costs' 'mixed Success' 'party and Party Costs']
['equity' 'commercial Law'] ['costs' 'apportionment of Costs' 'mixed Success' 'party and Party Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for Declaratory and Injunctive Relief / Costs Ruling After Substantive Judgment

Legal Issues

  1. 1 ['Whether the usual costs order should be made where the plaintiff succeeded on a minor contention and failed on primary arguments' 'Whether an apportionment of costs is warranted due to mixed outcome of proceedings']

Ratio Decidendi

As the plaintiff succeeded only on a minor contention that occupied a small portion of the hearing, while failing on primary arguments and with the first defendant raising unsuccessful defences, the appropriate order was for the first defendant to pay 50% of the plaintiff's costs to reflect mixed degrees of success and fairness.

Court Disposition

Costs order—first defendant to pay 50% of plaintiff's costs on a party and party basis.

Orders

  • ['Application to vary Order 3 noted.' 'Order 3 confirmed: Order the first defendant to pay 50% of the plaintiff’s costs on a party and party basis.']