NSW Caselaw
New South Wales Supreme Court
CITATION : AMI Australia Holdings Pty Ltd & anor v Fairfax Media Publications Pty Ltd & ors (Costs) [2010] NSWSC 1519
HEARING DATE(S) : 9 December 2010 JURISDICTION : Equity Division
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 9 December 2010
DECISION : Plaintiffs pay 90 per cent of defendants' costs of the proceedings, save insofar as any special costs order otherwise provides.
CATCHWORDS : COSTS – where plaintiffs fail on most claims but succeed on one minor claim – apportionment of costs
CATEGORY : Consequential orders
AMI Australia Holdings Pty Ltd (first plaintiff) Advanced Medical Institute Pty Ltd (second plaintiff) PARTIES : Fairfax Media Publications Pty Ltd (first defendant) Rita Almohty (second defendant) Kelly Burke (third defendant) Kate McClymont (fourth defendant)
FILE NUMBER(S) : SC 09/289188
COUNSEL : Mr M Green w Dr E Peden (plaintiffs) Mr D Sibtain w Mr M Polden (first, third & fourth defendants)
Bruce Stewart Dimarco (plaintiffs) SOLICITORS : TresCox Lawyers (second defendant) Johnson Winter & Slattery (first, third & fourth defendants)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRERETON J
Thursday, 9 December 2010
2009/289188 AMI Australia Holdings Pty Limited (ACN 095 238 645) v Fairfax Media Publications Pty Limited JUDGMENT (ex tempore) 1 So far as costs are concerned, there were three main groups of issues in the proceedings. 2 The first was the claim of breach of confidence in respect of the subject matter contained in the five imputations. On that claim, the plaintiffs totally failed.
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