Gupta v Fordham Laboratories Pty Ltd (No 2) [2018] NSWSC 694

Gupta v Fordham Laboratories Pty Ltd (No 2) [2018] NSWSC 694

Fordham should pay 85% of Mr Gupta's costs of the proceedings, reflecting Mr Gupta's primary success and the discrete success of Fordham on some cross-claim issues, and a gross sum costs order should be made for $45,000 net of GST to avoid protracted costs assessment.

Parties
Plaintiff: Ranjan Gupta; Defendant: Fordham Laboratories Pty Ltd
Jurisdiction
Australia
Judgment Date
18 May 2018
Procedural Posture
Costs Determination: Equity Proceedings and Cross Claim / Post Judgment: Determination of Costs Following Judgment
Outcome
Defendant ordered to pay Plaintiff's costs, fixed sum
Legal Topics
Costs, Specific Performance, Cross Claim, Gross Sum Costs Order
Equity Civil Procedure Costs Specific Performance Cross Claim Gross Sum Costs Order

Case Brief

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Parties

Ranjan Gupta

Plaintiff

Fordham Laboratories Pty Ltd

Defendant

Procedural Posture

Costs Determination: Equity Proceedings and Cross Claim / Post Judgment: Determination of Costs Following Judgment

Legal Issues

  1. 1 Whether the general rule that costs follow the event should be displaced
  2. 2 Whether costs should be apportioned due to partial success on cross-claim
  3. 3 Whether an order for gross sum costs should be made

Ratio Decidendi

Fordham should pay 85% of Mr Gupta's costs of the proceedings, reflecting Mr Gupta's primary success and the discrete success of Fordham on some cross-claim issues, and a gross sum costs order should be made for $45,000 net of GST to avoid protracted costs assessment.

Court Disposition

Defendant ordered to pay Plaintiff's costs, fixed sum

Orders

  • Order the defendant to pay the plaintiff's costs of the proceedings, including the cross-claim, fixed in the amount of $45,000 net of GST.