Ell v Cisera [2000] NSWSC 961

Ell v Cisera [2000] NSWSC 961

As the plaintiff succeeded on the majority of the issues and the issues on which the defendant succeeded were not truly discrete, costs should follow the event and the general rule should not be departed from; the defendant is to pay the plaintiff’s costs, except as previously ordered by Santow J.

Parties
Plaintiff: Richard Ell t/as GNP Printing; Defendant: Dino Cisera
Jurisdiction
Australia
Judgment Date
05 October 2000
Procedural Posture
Equity / Post Judgment Application for Costs
Outcome
Defendant to pay plaintiff's costs (with exception of certain previously ordered costs) on the ordinary basis.
Legal Topics
Costs, Departure From General Rule, Discretion in Awarding Costs, Distinct Legal Issues
Civil Procedure Costs Departure From General Rule Discretion in Awarding Costs Distinct Legal Issues

Case Brief

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Parties

Richard Ell t/as GNP Printing

Plaintiff

Dino Cisera

Defendant

Procedural Posture

Equity / Post Judgment Application for Costs

Legal Issues

  1. 1 Whether costs should follow the event or be apportioned due to mixed success on issues
  2. 2 Whether plaintiff’s conduct warranted departure from the general rule as to costs
  3. 3 Whether indemnity costs should be awarded

Ratio Decidendi

As the plaintiff succeeded on the majority of the issues and the issues on which the defendant succeeded were not truly discrete, costs should follow the event and the general rule should not be departed from; the defendant is to pay the plaintiff’s costs, except as previously ordered by Santow J.

Court Disposition

Defendant to pay plaintiff's costs (with exception of certain previously ordered costs) on the ordinary basis.

Orders

  • Defendant pay plaintiff’s costs of the proceedings, other than the costs of the application referred to in order 7 of the orders made by Santow J on 6 April 2000.
  • Liberty to apply before the court in relation to the costs order on three days notice.