Caballero v Andrew Fegent & Co; Andrew Fegent & Co v Caballero

The dispute between Caballero and Andrew Fegent & Co was heard in the Supreme Court of Victoria. The case involved a complex set of transactions related to property sales, and the primary issue was whether Andrew Fegent & Co was liable for damages and if so, the extent of that liability. The court was also tasked with determining the costs of the proceedings, specifically the entitlement of both parties to costs and the amount of those costs.

The legal issues before the court included the interpretation of contracts, the existence and scope of fiduciary duties, and the principles governing the assessment of costs in litigation. The court had to decide whether Andrew Fegent & Co breached their fiduciary duties, the nature of the damages that should be awarded, and how the costs should be apportioned between the parties.

In its decision, the court found that Andrew Fegent & Co had indeed breached their fiduciary duties and were liable for damages. The court assessed the evidence and arguments presented and determined that the appropriate amount of damages was substantial. Regarding the costs, the court held that the costs assessor had erred in several respects. The assessor had not properly considered the principle of proportionality in awarding costs and had misapplied certain legal standards. The court ordered a review and adjustment of the costs assessment, ensuring that the final costs award was fair and equitable.

The final orders of the court included a re-assessment of costs, a confirmation of the liability of Andrew Fegent & Co for damages, and a direction for the parties to submit a revised costs assessment within a specified timeframe. The court's decision provided clarity on the issues of liability and costs, offering a resolution that was both legally sound and just.