Shinetec (Australia) Pty Ltd v The Gosford Pty Ltd; The Gosford Pty Ltd v Bank of China Ltd (No 4) [2024] NSWSC 115

The cross-defendant should pay two thirds of the cross-claimant's costs of the Amended Cross-Summons, reflecting Gosford's partial success and the Bank's costs incurred on abandoned claims.

Jurisdiction: Australia
Judgment Date: 15 February 2024
Procedural Posture: Cross Claim / Costs Determination
Outcome: Cross-defendant ordered to pay two thirds of cross-claimant's costs of Amended Cross-Summons.
Legal Topics: ['costs' 'abandonment of Claims' 'apportionment of Costs']

['equity' 'commercial Law'] ['costs' 'abandonment of Claims' 'apportionment of Costs']

Case Brief

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Procedural Posture

Cross Claim / Costs Determination

Legal Issues

1 ['What costs order should be made regarding the cross-claim given partial success and abandonment of some claims']

Ratio Decidendi

The cross-defendant should pay two thirds of the cross-claimant's costs of the Amended Cross-Summons, reflecting Gosford's partial success and the Bank's costs incurred on abandoned claims.

Court Disposition

Cross-defendant ordered to pay two thirds of cross-claimant's costs of Amended Cross-Summons.

Orders

["The cross-defendant pay two thirds of the cross-claimant's costs of the Amended Cross-Summons."]