X and Y (by her Tutor X) v PAL (On question of costs) [1991] NSWCA 302

Given appellants' success on most issues, absence of offer of compromise by respondents, and the complexity and necessity to bring the case, justice requires appellants receive 50% of their pretrial and trial costs, rather than full victory or reversal.

Parties: Appellant: X; Appellant: Y (by her Tutor X); Respondent: PAL
Jurisdiction: Australia
Judgment Date: 07 June 1991
Procedural Posture: Appeal / Costs Determination After Judgment
Outcome: Appellants awarded 50% of their costs of trial and pretrial procedures.
Legal Topics: Costs, Offers of Compromise, Negligence

Civil Procedure Costs Offers of Compromise Negligence

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Y (by her Tutor X)

Appellant

PAL

Respondent

Procedural Posture

Appeal / Costs Determination After Judgment

Legal Issues

1 What order as to costs should be made following final judgment
2 Appropriateness of applying normal rule that costs follow the event considering success on some and failure on other issues
3 Relevance of offer of compromise procedures to costs order

Ratio Decidendi

Court Disposition

Appellants awarded 50% of their costs of trial and pretrial procedures.

Orders

Each of the appellants to receive 50 per cent of the pretrial costs of their respective actions.
The appellants to receive 50 per cent of the costs of the trial (the appellants to be treated as one party for this purpose).