A.P. Motors (No 2) Pty Ltd v Balfour

The case of A.P. Motors (No 2) Pty Ltd v Balfour involved the plaintiff, A.P. Motors, and the third defendant, Balfour. The dispute centred around two issues that were heard and decided on 16 February 2024. The first issue saw Balfour achieving partial success, while the second issue resulted in Balfour's failure. Following these outcomes, both parties were required to submit their views on the costs incurred. The court was tasked with determining the appropriate costs and their apportionment.

The court needed to decide the appropriate method for determining and apportioning the costs between the parties. This involved assessing the degree of success achieved by each party on the two distinct issues. Given the partial success of Balfour on the first issue, the court needed to consider whether an indemnity basis for costs was appropriate, particularly for the costs associated with the applications filed on 26 May 2022 and 7 June 2022. The court also needed to examine the agreement between the parties regarding a rough apportionment of costs to ensure fairness and accuracy in the final order.

The court deliberated on the apportionment of costs, considering the partial success of Balfour on one issue and the unsuccessful outcome on the second issue. The court acknowledged the agreement between the parties on a rough apportionment and determined that the plaintiff should bear 45 per cent of Balfour's costs for the applications filed on 26 May 2022 and 7 June 2022 on a standard basis. This decision reflected the relative successes and failures of the parties and was seen as a fair and reasonable outcome given the circumstances.

The final orders of the court mandated that the plaintiff, A.P. Motors, pay 45 per cent of the third defendant Balfour's costs for the applications filed on 26 May 2022 and 7 June 2022, on the standard basis. This order was based on the court's assessment of the parties' successes and the agreed rough apportionment of costs.