Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 24) [2020] NSWSC 1498

Rodriguez & Sons Pty Limited v Queensland Bulk Water Supply Authority t/as Seqwater (No 24) [2020] NSWSC 1498

Costs to the plaintiff should be borne by the three defendants in the same proportions as their responsibility for the plaintiff's loss—50% by the first defendant, 30% by the second defendant, and 20% by the third defendant—based on their conduct that occasioned the necessity for the plaintiff to initiate proceedings and the nature of their defence.

Jurisdiction
Australia
Judgment Date
28 October 2020
Procedural Posture
Representative Proceedings / Post Principal Judgment; Determination of Costs
Outcome
Joint and several costs order in favour of plaintiff; proportional indemnity declaration among defendants; liberty to apply reserved.
Legal Topics
['joint and Several Costs Liability' 'contribution Between Defendants' 'representative Proceedings']
['costs' 'civil Procedure'] ['joint and Several Costs Liability' 'contribution Between Defendants' 'representative Proceedings']

Case Brief

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Procedural Posture

Representative Proceedings / Post Principal Judgment; Determination of Costs

Legal Issues

  1. 1 ['Appropriate costs order in a representative proceeding with multiple defendants' 'Proportional allocation of costs among defendants' 'Basis for contribution between defendants regarding costs']

Ratio Decidendi

Costs to the plaintiff should be borne by the three defendants in the same proportions as their responsibility for the plaintiff's loss—50% by the first defendant, 30% by the second defendant, and 20% by the third defendant—based on their conduct that occasioned the necessity for the plaintiff to initiate proceedings and the nature of their defence.

Court Disposition

Joint and several costs order in favour of plaintiff; proportional indemnity declaration among defendants; liberty to apply reserved.

Orders

  • ["The defendants jointly and severally pay the plaintiff's costs of proceedings to date, subject to previous interlocutory orders and specific costs exclusions." "Liberty reserved to plaintiff to seek determination on whether third defendant's costs are to be assessed on ordinary or indemnity basis." 'Liberty...