Bullabidgee Pty Ltd v McCleary; McCleary v Bullabidgee Pty Ltd

Bullabidgee Pty Ltd brought an action against McCleary for breach of fiduciary duties, while McCleary cross-claimed against Bullabidgee for breach of contract. The case was heard in the Supreme Court of Queensland. The court was required to determine whether costs should be awarded on an indemnity basis.

The legal issue before the court was whether the circumstances of the case justified an order for costs on an indemnity basis. The court considered the conduct of both parties throughout the litigation, the degree of success, and the nature of the relief claimed and granted. It also examined whether there were any exceptional circumstances that would warrant an indemnity costs order.

The court found that there were no exceptional circumstances that would warrant an indemnity costs order. It held that the conduct of both parties was not egregious enough to warrant such an order. The court also noted that the degree of success achieved by each party was not sufficient to justify an indemnity costs order. Instead, the court ordered that costs be paid on the standard basis.

The court's decision was that there were no exceptional circumstances that warranted an indemnity costs order. Both parties were ordered to pay their own costs of the proceedings on the standard basis.