Primus Telecommunications Pty Limited v Kooee Communications Pty Limited & Anor [2007] NSWSC 444

Primus Telecommunications Pty Limited v Kooee Communications Pty Limited & Anor [2007] NSWSC 444

Although the defendants had some successes, the plaintiff was successful on issues that occupied a very considerable segment of time and costs. The Calderbank letter and purported Offer of Compromise did not meet the requisite criteria for special costs consequences. The proper exercise of the costs discretion was therefore to order the defendants to pay 75% of the plaintiff's costs of the whole proceedings on a party-party basis.

Jurisdiction
Australia
Judgment Date
07 May 2007
Procedural Posture
Costs / Question of Costs Following Delivery of Two Judgments [2007] NSWSC 91 and [2007] NSWSC 374
Outcome
Defendants to pay 75% of plaintiff's costs of the whole of the proceedings on a party party basis.
Legal Topics
['indemnity Costs' 'party Party Costs' 'calderbank Offer' 'offer of Compromise' 'apportionment of Costs']
['civil Procedure' 'costs'] ['indemnity Costs' 'party Party Costs' 'calderbank Offer' 'offer of Compromise' 'apportionment of Costs']

Case Brief

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Procedural Posture

Costs / Question of Costs Following Delivery of Two Judgments [2007] NSWSC 91 and [2007] NSWSC 374

Legal Issues

  1. 1 ["Whether the defendants should pay the plaintiff's costs on an indemnity basis." "Whether the plaintiff's Calderbank letter and purported Offer of Compromise justified a special costs order." 'What costs order should be made where each party had some success in the proceedings.']

Ratio Decidendi

Although the defendants had some successes, the plaintiff was successful on issues that occupied a very considerable segment of time and costs. The Calderbank letter and purported Offer of Compromise did not meet the requisite criteria for special costs consequences. The proper exercise of the costs discretion was therefore to order the defendants to pay 75% of the plaintiff's costs of the whole proceedings on a party-party basis.

Court Disposition

Defendants to pay 75% of plaintiff's costs of the whole of the proceedings on a party party basis.

Orders

  • ["The defendants pay 75% of the plaintiff's costs of the whole of the proceedings on a party party basis."]