| Polias v Ryall (No 2) (NSWSC) - costs - defamation - indemnity costs - proportionate liability - interest on costs |
| JR Consulting & Drafting Pty Ltd v Cummings (NSWSC) - costs - separate determination of liability - issue of costs not deferred until quantification of loss |
| Z487 Ltd v Skelton (QSC) - private international law - contract - exclusive choice of court agreement - stay refused |
| Kasewieter v Galligan (SASC) - summary judgment - order for sale of property - extension of time to bring cross-action for property adjustment order refused |
| Summaries With Link (Five Minute Read) |
Polias v Ryall (No 2) [2015] NSWSC 1
Supreme Court of New South Wales
Rothman J
Costs - defamation - substantive judgment granted for plaintiff - plaintiff sought indemnity costs pursuant to s40 Defamation Act 2005 (NSW) on basis defendants unreasonably failed to make settlement offer and unreasonably failed to agree to plaintiff’s settlement offer - degree to which each defendant liable for costs - interest on costs - held: unreasonable of defendants to refuse plaintiff’s offer of compromise - plaintiff awarded indemnity costs - orders made determining proportionate liability of defendants as between themselves but not as to affect plaintiff’s entitlement - appropriate to make order for interest on costs - orders made.
Polias |
JR Consulting & Drafting Pty Ltd v Cummings [2015] NSWSC 10
Supreme Court of New South Wales
Black J
Costs - proceedings related to ownership and control of software used in design and manufacture of items used in construction of buildings - principal judgment determined separate question of liability - defendants and cross-claimants substantially successful - whether Court should exercise discretion to make order for costs of hearing as to liability, or defer order until after quantification of loss determined - principles applicable to cases involving multiple parties and issues - s98 Civil Procedure Act 2005 (NSW) - held: question of costs of liability stage should not be deferred - defendants did not succeed on all issues - departure from general rule that costs follow event - costs orders modified
JR Consulting & Drafting Pty Ltd |
Z487 Ltd v Skelton [2014] QSC 309
Supreme Court of Queensland
Atkinson J
Private international law - first defendant was horticulturalist who bred kiwifruit in New Zealand - horticulturalist entered licence agreement with plaintiff company - director of company who negotiated agreement lived and worked in Australia - company sought declaration license agreement not validly terminated - horticulturalist sought declaration pursuant to s17 Trans-Tasman Proceedings Act 2010 (Cth) that claim not properly started for want of jurisdiction, order setting aside claim, and stay of proceeding, on ground New Zealand court was more appropriate forum - held: there was exclusive choice of court agreement between parties which designated Australian court to determine matters in issue - exclusive choice of court agreement not null and void - pursuant to s20(1)(b) Court must not stay proceeding before it - horticulturalist not entitled to any relief - application dismissed.
Z487 Ltd |
Kasewieter v Galligan [2015] SASC 5
Supreme Court of South Australia
Dart J
Summary judgment - parties were formerly in domestic relationship - parties were joint owners of residential property - plaintiff sought judgment in claim for sale of property and that net proceeds of sale be divided equally between parties - plaintiff also sought that defendant’s cross-action under Domestic Partners Property Act 1996 (SA) be dismissed on grounds it was substantially out of time and there was no justification for extending time - good reason to the contrary - onus - delay - held: no reasonable basis for defending plaintiff’s claim made out - order made for sale of property - no reasonable basis for extension of time to make cross-claim for property adjustment order - summary judgment granted.
Kasewieter |
