Powerlan Limited & Anor v Squires (No 2) [2007] NSWIRComm 68

Powerlan Limited & Anor v Squires (No 2) [2007] NSWIRComm 68

Given partial success by both parties and offers of compromise, the proper order is that each party bear its own costs up to and including 3 May 2006, with the respondent to pay the appellants' costs thereafter.

Parties
Appellant: Powerlan Limited; Appellant: Powerlan Resources Pty Limited; Respondent: Steven Squires
Jurisdiction
Australia
Judgment Date
30 March 2007
Procedural Posture
Appeal / Determination of Costs Following Partial Success on Appeal
Outcome
Orders as to costs after partial success on appeal and application of offers of compromise.
Legal Topics
Unfair Contract, Costs, Offers of Compromise
Industrial Law Unfair Contract Costs Offers of Compromise

Case Brief

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Parties

Powerlan Limited

Appellant

Powerlan Resources Pty Limited

Appellant

Steven Squires

Respondent

Procedural Posture

Appeal / Determination of Costs Following Partial Success on Appeal

Legal Issues

  1. 1 Whether costs should be apportioned between parties after partial success on appeal
  2. 2 Effect of offers of compromise on the award of costs

Ratio Decidendi

Given partial success by both parties and offers of compromise, the proper order is that each party bear its own costs up to and including 3 May 2006, with the respondent to pay the appellants' costs thereafter.

Court Disposition

Orders as to costs after partial success on appeal and application of offers of compromise.

Orders

  • Orders 4 and 5 made by Haylen J at first instance confirmed.
  • Each party pays its own costs of the appeal up to and including 3 May 2006.