NSW Caselaw
New South Wales Supreme Court
CITATION : Short v Crawley (No. 40) [2008] NSWSC 1302
HEARING DATE(S) : 26/11/08
JUDGMENT DATE : 12 December 2008
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Refer to para 83 of judgment.
CATCHWORDS : PROCEDURE – costs – multiple issues – plaintiffs substantially the successful party – defendants attained a measure of success also – many issues not severable or distinct – costs award should reflect the parties' degree of success – impossible precisely to assess proportions – defendants to pay two-thirds of the plaintiffs' costs - PROCEDURE – costs – indemnity costs – late concession – no significant costs savings – findings of misconduct by primary defendant – misconduct only relevant to costs insofar as it relates to the manner in which the litigation was conducted rather than insofar as it caused the litigation – defendants achieved a measure of success – indemnity costs inappropriate - PROCEDURE – costs – late joinder of some defendants – those defendants were separately represented – separate costs orders made in relation to those defendants - PROCEDURE – costs – costs of preparation of expert report for plaintiffs – report not tendered – other experts used information in the report – defendants put to expense in preparing evidence in response to report – no order as to costs
LEGISLATION CITED : Corporations Act 2001 (Cth)
CATEGORY : Consequential orders
Short v Crawley (No. 30) [2007] NSWSC 1322 Short v Crawley (No. 38) [2008] NSWSC 917; (2008) 67 ACSR 627 Degmam Pty Ltd (in liq) v Wright (No. 2) [1983] 2 NSWLR 354 Harrison v Schipp [2001] NSWCA 13 NMFM Property Pty Ltd v Citibank Ltd (No 11) [2001] FCA 480; (2001) 109 FCR 77 CASES CITED : Mead v Watson [2005] NSWCA 133; (2005) 23 ACLC 718 Reid, Hewitt & Company v Joseph [1918] AC 717 Waters v PC Henderson (Australia) Pty Ltd, (New South Wales Court of Appeal, 6 July 1994, unreported, BC9404952) Hughes v Western Australian Cricket Association (Inc) (1986) 8 ATPR 40-748 Permanent Trustee Australia Ltd v FAI General Insurance Co Ltd (Supreme Court of New South Wales, Hodgson CJ in Eq, 3 June 1998, unreported, BC9802305) Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622 Short v Crawley [2001] NSWSC 228
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