Taboas v Abigroup Contractors Pty Ltd [2014] NSWSC 461

Taboas v Abigroup Contractors Pty Ltd [2014] NSWSC 461

The court held that the continuation of the proceedings in the Supreme Court was warranted and that UCPR 42.34 did not preclude an order for costs in favour of Mr Taboas. There was no basis for apportioning liability for costs between defendants beyond each being responsible for costs attributable to the proceedings against them.

Jurisdiction
Australia
Judgment Date
24 April 2014
Procedural Posture
Civil / Post Trial, Determination of Final Orders and Costs
Outcome
Judgment for the plaintiff against both defendants; cross-claims for contribution determined; costs awarded as described.
Legal Topics
['costs' 'jurisdiction' 'contribution' 'workers Compensation']
['civil Procedure'] ['costs' 'jurisdiction' 'contribution' 'workers Compensation']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Trial, Determination of Final Orders and Costs

Legal Issues

  1. 1 ['Whether UCPR 42.34 precludes an award of costs to the plaintiff as recovery was under $500,000' 'Whether costs should be apportioned between defendants according to respective liability' 'Whether commencement and continuation of proceedings in the Supreme Court was warranted']

Ratio Decidendi

The court held that the continuation of the proceedings in the Supreme Court was warranted and that UCPR 42.34 did not preclude an order for costs in favour of Mr Taboas. There was no basis for apportioning liability for costs between defendants beyond each being responsible for costs attributable to the proceedings against them.

Court Disposition

Judgment for the plaintiff against both defendants; cross-claims for contribution determined; costs awarded as described.

Orders

  • ['Judgment for Mr Taboas against Abigroup Contractors Pty Ltd for $366,324.' 'Judgment for Mr Taboas against VSL Australia Pty Ltd for $488,088.' 'The amounts in orders 1 and 2 are not cumulative and satisfaction of either will satisfy the other to that extent.' "Abigroup to pay Mr Taboas' costs of the proceedings...