Bruning v Kingmill (Australia) Pty Ltd; Bruning v MMAL Rentals Pty Ltd

The matter before the court involved two claims brought by the plaintiff against two separate defendants. The first defendant was Kingmill (Australia) Pty Ltd, and the second was MMAL Rentals Pty Ltd. The plaintiff alleged breaches of contract and misrepresentation by both defendants, seeking damages and other remedies. The court had to determine the appropriate allocation of costs, particularly regarding the preparation of a bundle of documents and the costs associated with making copies.

The central legal issues revolved around the principles guiding the allocation of costs in multi-count litigation. Specifically, the court had to consider how the costs of preparing a bundle of documents should be allocated between the parties, and what general principles should apply in apportioning costs across multiple claims. The court also needed to address the fairness of allocating certain costs to particular defendants, given the interrelated nature of the claims.

In its reasoning, the court emphasised the importance of fairness and proportionality in the allocation of costs. It noted that while there were general rules regarding the preparation of bundles, the specific circumstances of each case must be taken into account. The court held that the plaintiff was entitled to recover reasonable costs for preparing the bundle, but these costs should be apportioned between the defendants based on the relevance and use of the documents in each count. Furthermore, the court observed that the general considerations of fairness and proportionality should guide the overall allocation of costs, ensuring that each party bears a reasonable share of the litigation expenses.

The court ordered that the defendants were jointly and severally liable for the reasonable costs of preparing the bundle of documents, with the costs apportioned according to the relevance of the documents to each defendant. Additionally, the court outlined the principles to be applied in making further allocations of costs across the multiple counts, ensuring that the overall distribution was fair and proportionate.