Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 123

Sabouni v Revelop Building and Developments Pty Ltd [2021] NSWSC 123

Where each party failed in establishing its claim for damages against the other, the proper order is that there be no order as to the costs of the proceedings, as the event is determined with reference to the outcome of the proceedings as a whole, and neither party was successful.

Parties
Second Plaintiff: Omar Sabouni; Defendant: Revelop Building and Developments Pty Ltd
Jurisdiction
Australia
Judgment Date
22 February 2021
Procedural Posture
Costs Ruling (equity Corporations List) / Post Judgment Costs Determination
Outcome
No order as to costs.
Legal Topics
Costs, Exceptions to General Rule on Costs, Civil Procedure
Civil Procedure Equity Corporations Law Costs Exceptions to General Rule on Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Omar Sabouni

Second Plaintiff

Revelop Building and Developments Pty Ltd

Defendant

Procedural Posture

Costs Ruling (equity Corporations List) / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether either party is entitled to an order for costs where each failed to establish its claim for damages against the other

Ratio Decidendi

Where each party failed in establishing its claim for damages against the other, the proper order is that there be no order as to the costs of the proceedings, as the event is determined with reference to the outcome of the proceedings as a whole, and neither party was successful.

Court Disposition

No order as to costs.

Orders

  • There be no order as to the costs of the proceedings.