Paul v Cooke (Costs) [2012] NSWSC 1203

Supreme Court New South Wales

Medium Neutral Citation: Paul v Cooke (Costs) [2012] NSWSC 1203 Hearing dates: 7 August 2012 Decision date: 07 August 2012 Jurisdiction: Common Law Before: Brereton J Decision: Plaintiff to pay 95 per cent of the defendant's costs Catchwords: COSTS - apportionment of costs - where defendant succeeded on one issue but failed on others - whether costs should be apportioned - onus on plaintiff to demonstrate basis for departing from ordinary rule that successful defendant is entitled to costs - factors in deciding whether to deprive successful defendant of some or all of their costs - whether scope of liability can be separated from factual causation - where breach admitted by defendant - costs associated with breach of duty can be treated separately Legislation Cited: (NSW) Uniform Civil Procedure Rules 2005, r 20.26, r 42.15A (NSW) Civil Liability Act 2002, s 5D, s 5I Cases Cited: Paul v Cooke [2012] NSWSC 840 Hughes v Western Australian Cricket Association (1986) ATPR 40 - 7489 Cretazzo v Lombardi (1975) 13 SASR 4 Trade Practices Commission v Nickloss Enterprises Pty Limited (No 3) (1979) 28 ALR 201 Walkers v Henderson (Australia) NSWCA, 6 July 1994, unreported NRMA Limited v Morgan (No 3) (1999) NSWSC 768 Mobile Innovations Limited v Vodaphone Pacific Limited (2004) NSWCA 15 Waterman v Gerling Australia Insurance Company Pty Limited [2005] NSWSC 1111 Chappell v Hart [I998] HCA 55 Regency Media v AAV Australia [2009] NSWCA 368 Category: Costs Parties: Christine Paul (Plaintiff) Kenneth Cooke (Defendant) Representation: Counsel: Mr D E Graham (Plaintiff) Ms V Thomas (Defendant) Solicitors: Maurice Blackburn Lawyers (Plaintiff) Blake Dawson (Defendant) File Number(s): 2008/ 289586