BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWSC 1673

Supreme Court New South Wales

Medium Neutral Citation: BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWSC 1673 Hearing dates: 14 November 2013 Decision date: 14 November 2013 Jurisdiction: Equity Division - Commercial List Before: Stevenson J Decision: Plaintiff entitled to interest to judgment on all damages awarded; plaintiff entitled to 85% of its costs of the Reference and 60% of its costs on the application to adopt the Referee's Report; each party to pay its own costs of the remitter Catchwords: COSTS - general rule that costs follow the event - exceptions to - partial success on some issues

COSTS - interest to judgment - whether should be awarded where plaintiff not successful on all issues Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: BestCare Foods Ltd v Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) [2013] NSWSC 1287 Bennett v Jones [1977] 2 NSWLR 355 Falkner v Bourke (1990) 19 NSWLR 574 MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) v BestCare Foods Ltd [2013] NSWCA 90 Re Cheal Industries Pty Ltd [2012] NSWSC 932 Ruby v Marsh (1975) 132 CLR 642 Star v O'Brien (1996) 40 NSWLR 695 Windsurfing International Incorporated v Petit (1987) AIPC 90-441 Category: Costs Parties: BestCare Foods Ltd (first plaintiff) BestCare Food (Sales) Pty Ltd (second plaintiff) Origin Energy LPG Ltd (formerly Boral Gas (NSW) Pty Ltd) (first defendant) Origin Energy Retail Ltd (second defendant) Representation: Counsel: S A Lawrance with J C Lee (plaintiffs) E G Romaniuk SC with B G Smith (defendants) Solicitors: McCabes Lawyers (plaintiffs) Dibbs Barker Lawyers (defendants) File Number(s): SC 2005/270917 Publication restriction: Nil