Lieu & Anor v Deng & Anor (No 5) [2008] NSWIRComm 67

Industrial Court of New South Wales

CITATION: Lieu & Anor v Deng & Anor (No 5) [2008] NSWIRComm 67

FIRST APPLICANT Paul Lieu

SECOND APPLICANT Landmark Enterprises Pty Limited PARTIES: FIRST RESPONDENT Margaret Jiasha Deng

SECOND RESPONDENT Dengs Investments Pty Limited

FILE NUMBER(S): IRC 2821 of 2001

CORAM: Staff J

Unfair contract - Costs - Calderbank letters - Applicant partially successful in three out of 11 claims - Whether Court should depart from usual order as to costs - Whether applicants should bear costs of litigating claims upon which they failed - Applicants successful due to amendment to its claim made during proceedings - Considerable part of the trial taken up in determining issues upon which applicants failed - Qualification of the presumption that a successful party is entitled to all its costs - Exercise of discretion - Applicants to receive 75 per cent of their costs CATCHWORDS: Costs - Unfair contract - Calderbank letters - Applicant partially successful in three out of 11 claims - Whether Court should depart from usual order as to costs - Whether applicants should bear costs of litigating claims upon which they failed - Applicants successful due to amendment to its claim made during proceedings - Considerable part of the trial taken up in determining issues upon which applicants failed - Qualification of the presumption that a successful party is entitled to all its costs - Exercise of discretion - Applicants to receive 75 per cent of their costs

LEGISLATION CITED: Industrial Relations Act 1996 Industrial Relations Commission Rules 1996