Carolia Pty Ltd & Ors v Crompton & Ors [2010] NSWSC 549

New South Wales Supreme Court

CITATION : Carolia Pty Ltd & Ors v Crompton & Ors [2010] NSWSC 549

HEARING DATE(S) : 25/05/10

JUDGMENT DATE : 28 May 2010

JUDGMENT OF : Windeyer AJ

(1) Revoke the orders made on 21 May 2010 and in lieu thereof make the following orders; (2) Judgment for the plaintiff Paul Hargreaves against the first and second defendants for $40,000 plus interest of $4,877.64 giving a total $44,877.64; (3) Judgment for the plaintiff Elizabeth Hargreaves against the first and second defendants for $40,000 plus interest of $4,877.64 giving a total $44,877.64; DECISION : (4) Judgment for the defendants on the claim of Carolia Pty Ltd; (5) Order the plaintiffs pay 75 per cent of the defendants' costs of the proceedings but not including costs of expert reports; (6) Proceedings otherwise dismissed; and (7) Exhibits may be returned to be retained in existing form for 28 days and returned to the court in the event of an appeal.

CATCHWORDS : COSTS – whether costs order should follow the event – two plaintiffs successful on one of two claims – plaintiffs' unsuccessful claim was a major part of the action – apportionment of costs to reflect outcome

CATEGORY : Consequential orders

Colquhoun, Re; Ex parte Ford (1854) 5 De MG & G 35; 43 ER 781 CASES CITED : McLaughlin v Dungowan Manly Pty Limited [2010] NSWSC 306 Waterman v Gerling (Costs) [2005] NSWSC 1111

Carolia Pty Ltd - first plaintiff Paul Richard Hargreaves - second plaintiff PARTIES : Elizabeth Ellen Hargreaves - third plaintiff Vanessa Crompton - first defendant Jeffory William Herdegen - second defendant Anglesey Secured Investments Ltd - third defendant