UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd (No 2) [2015] NSWSC 23

UGL Rail Pty Ltd v Wilkinson Murray Pty Ltd (No 2) [2015] NSWSC 23

The plaintiff was the successful party and the issue on which it failed was not dominant or clearly severable from the evidence relevant to the successful damages claim, so there was no basis to depart from the usual rule that costs follow the event. A stay was refused because no appeal had been filed, no grounds or hardship were evidenced, and there was no evidence that the plaintiff could not repay the judgment if an appeal succeeded. Interest on costs was awarded because the proceedings were a long-running commercial case and the delays did not justify depriving the plaintiff of compensatory interest.

Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Costs, Interest on Costs and Stay Pending Appeal Following Judgment / Post Judgment
Outcome
Plaintiff awarded costs on the ordinary basis with interest on costs; defendant's application for a stay dismissed.
Legal Topics
['apportionment of Costs' 'interest on Costs' 'stay Pending Appeal']
['civil Procedure' 'costs'] ['apportionment of Costs' 'interest on Costs' 'stay Pending Appeal']

Case Brief

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Procedural Posture

Costs, Interest on Costs and Stay Pending Appeal Following Judgment / Post Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's costs should be apportioned because it was unsuccessful on some issues." 'Whether the judgment should be stayed pending an appeal.' 'Whether interest should be awarded on costs.']

Ratio Decidendi

The plaintiff was the successful party and the issue on which it failed was not dominant or clearly severable from the evidence relevant to the successful damages claim, so there was no basis to depart from the usual rule that costs follow the event. A stay was refused because no appeal had been filed, no grounds or hardship were evidenced, and there was no evidence that the plaintiff could not repay the judgment if an appeal succeeded. Interest on costs was awarded because the proceedings were a long-running commercial case and the delays did not justify depriving the plaintiff of compensatory interest.

Court Disposition

Plaintiff awarded costs on the ordinary basis with interest on costs; defendant's application for a stay dismissed.

Orders

  • ["The defendant to pay the plaintiff's costs assessed on the ordinary basis." 'Defendant to pay to the plaintiff interest on costs and disbursements, at the rates set out in section 36.7 of the Uniform Civil Procedure Rules, on the Allowed Percentage of each amount for or on account of costs and disbursements...