Aurizon Network Pty Ltd v Glencore Coal Queensland Pty Ltd (No. 2)

Aurizon Network Pty Ltd sought to compel Glencore Coal Queensland Pty Ltd to grant it access to Glencore's rail sidings. The dispute reached the court, which had to determine whether Aurizon was entitled to the access it sought. Aurizon was successful on one of its three claims, but Glencore was successful on its counterclaim. The court had to decide the issue of costs, particularly whether they should be awarded on a proportional basis, given the partial success of Aurizon.

The court considered that, in cases of partial success, costs should be awarded on a basis that reflects the degree of success. In this case, Aurizon was successful on one of three issues, while Glencore was successful on its counterclaim. The court held that a broad-brush estimate was appropriate, as the issues were not of equal importance. It found that the defendants should pay 65 percent of the plaintiff's assessed costs. This reflected the partial success of the plaintiff and the fact that the issues were not of equal weight.

In reaching this decision, the court took into account the overall outcome of the proceeding and the relative success of the parties. It held that a broad-brush estimate was appropriate because the issues were not of equal importance. The court concluded that the defendants should pay 65 percent of the plaintiff's assessed costs, as this reflected the degree of success of the plaintiff and the relative importance of the issues. The court noted that this approach was consistent with the general principle that costs should follow the event.

The court ordered that the defendants pay 65 percent of the plaintiff's assessed costs of the proceeding. This order reflected the partial success of Aurizon and the relative importance of the issues in the case. The court held that a broad-brush estimate was appropriate in this case, given the differing weights of the issues. This decision provides guidance on the approach to costs in cases of partial success, where the issues are not of equal importance.