Scottish & Colonial Ltd v Australian Power & Gas Co Ltd & Ors [2007] NSWSC 1307

Scottish & Colonial Ltd v Australian Power & Gas Co Ltd & Ors [2007] NSWSC 1307

As the defendants and cross-claimants succeeded in both the Originating Process and Cross-Claim, and given the circumstances where the plaintiff's claim lost much of its point, the usual order that costs follow the event should be made. There was no sufficient discretionary reason to depart from the ordinary rule.

Jurisdiction
Australia
Judgment Date
16 November 2007
Procedural Posture
Civil / Post Judgment (costs Decision)
Outcome
Costs awarded against the plaintiff and cross defendant.
Legal Topics
['costs in Proceedings']
['equity'] ['costs in Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Post Judgment (costs Decision)

Legal Issues

  1. 1 ['Who should bear the costs of the proceedings on the Originating Process and Further Amended Cross-claim?' "Whether the plaintiff's precipitous commencement of proceedings affects the award of costs"]

Ratio Decidendi

As the defendants and cross-claimants succeeded in both the Originating Process and Cross-Claim, and given the circumstances where the plaintiff's claim lost much of its point, the usual order that costs follow the event should be made. There was no sufficient discretionary reason to depart from the ordinary rule.

Court Disposition

Costs awarded against the plaintiff and cross defendant.

Orders

  • ["Order that the plaintiff pay the defendants' costs of the proceedings on the Originating Process." "Order that the cross defendant pay the cross-claimants' costs of the proceedings on the Further Amended Cross-claim."]