Malabar RSL Sub-Branch Club Pty Ltd v RSL Custodians Pty Ltd (Costs) [2014] NSWSC 1278

Supreme Court New South Wales

Medium Neutral Citation: Malabar RSL Sub-Branch Club Pty Ltd v RSL Custodians Pty Ltd (Costs) [2014] NSWSC 1278 Hearing dates: 4 September 2014 Decision date: 12 September 2014 Jurisdiction: Equity Division Before: Rein J Decision: (1)Judgment for the plaintiff against the defendant in the sum of $100. (2)The plaintiff is to pay the defendant's costs of the proceedings. (3)The cross-claim is dismissed. (4)Each party is to bear its own costs of the defendant's crossclaim. Catchwords: EQUITY - Costs - Nominal damages - Where the plaintiff comprehensively failed on its claim - Award of nominal damages is not indicative of success - General rule that successful party should be awarded all its costs - No apportionment of costs between specific issues Cases Cited: Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Ltd [1951] 1 All ER 873 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 King v Benecke [2014] NSWSC 957 Macquarie International Health Clinic Pty Ltd v Sydney South West Area Health Service (No 2) [2011] NSWCA 171 Malabar RSL Sub-Branch Club Pty Ltd v RSL Custodians Pty Ltd [2014] NSWSC 1016 Metway Oil and Storage Ltd v Continental Contractors [1929] AC 88 Mid City Skin Cancer and Laser Centre v Zahedi-Anarak [2006] NSWSC 1149 Motium Pty Ltd v Arrow Electronics Australia Pty Ltd [2011] WASCA 65 (S) Oshlack Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Smith v Madden (1946) 73 CLR 129 State of New South Wales v Stevens [2012] NSWCA 415 Yazgi v Permanent Custodians Limited [2007] NSWCA 306 Texts Cited: Dal Pont Law of Costs 3rd Ed Category: Costs Parties: Malabar RSL Sub-Branch Club Pty Ltd (Plaintiff) RSL Custodians Pty Ltd (Defendant) Representation: Counsel: G Parker SC/ R Vincent (Plaintiff) C Harris SC/L Tyndall (Defendant) Solicitors: HWL Ebsworth (Plaintiff) Bowen Legal (Defendant) File Number(s): 2013/227548