Wright Prospecting v Hamersley Iron [2012] NSWSC 1342

Wright Prospecting v Hamersley Iron [2012] NSWSC 1342

Given mixed success and failure on the privilege claims, and as the merits of the underlying claims are unresolved, costs are ordered to be costs in the cause to ensure ultimate cost orders reflect the resolution of the dispute as a whole.

Parties
Plaintiff: Wright Prospecting Pty Limited; First Defendant: Hamersley Iron Pty Limited; Second Defendant: Mount Bruce Mining Pty Limited; Third Defendant / First Cross Claimant: Hancock Prospecting Pty Limited
Jurisdiction
Australia
Judgment Date
08 November 2012
Procedural Posture
Civil / Interlocutory (costs of Privilege Applications)
Outcome
Costs of the applications to be costs in the cause.
Legal Topics
Costs, Client Legal Privilege, Interlocutory Applications
Civil Procedure Costs Client Legal Privilege Interlocutory Applications

Case Brief

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Parties

Wright Prospecting Pty Limited

Plaintiff

Hamersley Iron Pty Limited

First Defendant

Mount Bruce Mining Pty Limited

Second Defendant

Hancock Prospecting Pty Limited

Third Defendant / First Cross Claimant

Procedural Posture

Civil / Interlocutory (costs of Privilege Applications)

Legal Issues

  1. 1 How should the costs of resolution of claims for client legal privilege be allocated in circumstances of mixed success and failure?

Ratio Decidendi

Given mixed success and failure on the privilege claims, and as the merits of the underlying claims are unresolved, costs are ordered to be costs in the cause to ensure ultimate cost orders reflect the resolution of the dispute as a whole.

Court Disposition

Costs of the applications to be costs in the cause.

Orders

  • The costs of the notice of motion filed on 8 February 2012 amended on 22 March 2012, including the costs of the reference to Mr Stoljar SC and the costs of this application for costs, be costs in the cause.