Crosato v Pro Evolution Sports Pty Limited (Costs)

The parties in this case were Crosato and Pro Evolution Sports Pty Limited. The nature of the dispute was whether a valuer's determination was in accordance with the contract. The matter was heard in the Supreme Court of Victoria. The plaintiff contended that the valuer's determination was in accordance with the contract, whereas the defendant argued that it was not. The plaintiff ultimately failed in its contention.

The legal issues that the court was required to decide included whether the plaintiff should bear the costs of the proceedings and whether the valuer should bear any costs. The plaintiff argued that it should not bear the costs because it had succeeded on the main issue. However, the court held that the plaintiff had failed on the only issue ultimately litigated by the parties. Therefore, the plaintiff should bear the costs. The court also held that there was no good reason for the valuer to bear any costs since they were not a party to the proceedings and had only filed a submitting appearance save as to costs.

The court's reasoning was based on the principle that costs should follow the event. This means that the party that loses on the main issue should bear the costs of the proceedings. The court held that the plaintiff had failed on the only issue ultimately litigated by the parties, which was whether the valuer's determination was in accordance with the contract. Therefore, the plaintiff should bear the costs. The court also held that there was no good reason for the valuer to bear any costs since they were not a party to the proceedings and had only filed a submitting appearance save as to costs.

The final orders made by the court were that the plaintiff should bear the costs of the proceedings and that the valuer should bear no costs. The court held that there was no reason why the costs should not follow the event, and that the valuer had no good reason to bear any costs. The court's decision was based on the principle that costs should follow the event and that there was no good reason for the valuer to bear any costs.