United Resource Management Pty Ltd v Par Recycling Services Pty Ltd (No 2) [2024] NSWCA 29

United Resource Management Pty Ltd v Par Recycling Services Pty Ltd (No 2) [2024] NSWCA 29

Given the divided and largely balanced success of both sides in the proceedings at first instance, neither party should have a costs order in their favour for those proceedings; on appeal, as URM had the greater success but Par succeeded on the cross-appeal, Par should pay 50% of the appellants' costs of the appeal, with no order as to the costs of the cross-appeal.

Jurisdiction
Australia
Judgment Date
15 February 2024
Procedural Posture
Appeal / Determination of Costs Following Appeal
Outcome
Mixed outcome; no order as to costs at first instance; respondent to pay 50% of appellants' costs of appeal; no order as to costs of cross-appeal.
Legal Topics
['costs' 'appeals' 'consequential Orders']
['civil Procedure'] ['costs' 'appeals' 'consequential Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Determination of Costs Following Appeal

Legal Issues

  1. 1 ['How costs should be apportioned between the parties after both appeal and underlying proceedings with mixed outcomes; Whether any party is entitled to indemnity or special costs orders based on offers of settlement (Calderbank offer); Whether costs should follow the event or be otherwise apportioned in a case of divided success']

Ratio Decidendi

Given the divided and largely balanced success of both sides in the proceedings at first instance, neither party should have a costs order in their favour for those proceedings; on appeal, as URM had the greater success but Par succeeded on the cross-appeal, Par should pay 50% of the appellants' costs of the appeal, with no order as to the costs of the cross-appeal.

Court Disposition

Mixed outcome; no order as to costs at first instance; respondent to pay 50% of appellants' costs of appeal; no order as to costs of cross-appeal.

Orders

  • ['No order as to the costs of the proceedings at first instance with the intent that the parties pay their own costs of those proceedings.' "The respondent (Par) pay 50% of the appellants' (URM, URME and Mr Johnston) costs of the appeal (as distinct from the cross-appeal)." 'No order as to the costs of the...