FJ & SM Monaghan Pty Ltd v S & W Slade Pty Ltd & Ors (No 2) [2017] NSWDC 182

District Court New South Wales

Medium Neutral Citation: FJ & SM Monaghan Pty Ltd v S & W Slade Pty Ltd & Ors (No 2) [2017] NSWDC 182 Hearing dates: 7 July 2017 Date of orders: 11 July 2017 Decision date: 11 July 2017 Jurisdiction: Civil Before: Hatzistergos DCJ Decision: (1) The First Defendant pay the Plaintiff's costs of the proceedings on the Plaintiff's claim; (2) The Plaintiff pay 20% of the costs of the Second and Third Defendants' costs on the Plaintiff's claim; (3) The Cross-Claimants pay the Cross-Defendants' costs on the cross-claim; and (4) Each party pay their own costs on the costs argument. Catchwords: COSTS – costs follow the event – Plaintiff successful against First Defendant – whether other Defendants enjoyed success – whether substantive issue in dispute severable from other issues – whether substantial time occupied by issue on which Defendants succeeded – broad brush approach – separation of issues does not offend broad brush approach to costs – underlying notion of fairness Legislation Cited: Civil Procedure Act 2005 (NSW) s 98 Legal Profession Uniform Law 2014 (NSW) s 172 Uniform Civil Procedure Rules 2005 (NSW) r 42.1 Cases Cited: Arian v Nguyen (2001) 33 MVR 37; [2001] NSWCA 5 Baker v Towle [2008] NSWCA 73 Byrns v Davie [1991] 2 VR 568 Commonwealth of Australia v Gretton [2008] NSWCA 117 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA 145 Milne v Attorney General for Tasmania (1956) 95 CLR 460 Ritter v Godfrey [1920] 2 KB 47 Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129 Texts Cited: GE Dal Pont, Law of Costs (LexisNexis Butterworths, 3rd ed, 2013) Category: Costs Parties: FJ & SM Monaghan Pty Ltd (Plaintiff/Cross-Defendant) S & W Slade Pty Ltd (First Defendant/Cross-Claimant) Mr Stephen Garry Slade (Second Defendant/Second Cross-Claimant) Mrs Wendy Maree Slade (Third Defendant/Third Cross-Claimant) Representation: Counsel: Mr A Cornish (Plaintiff/Cross-Defendant) Mr J Stephenson (Defendant/Cross-Claimant)