Driver v Botanical Water Technologies Pty Ltd (No 2)

In the case of Driver v Botanical Water Technologies Pty Ltd (No 2), the plaintiffs, Driver, sought damages and relief against the defendant, Botanical Water Technologies Pty Ltd, for breaches of contract, breaches of fiduciary duty, and statutory breaches. The matter was heard in the Supreme Court of New South Wales. The plaintiffs claimed that the defendant had failed to honour contractual obligations, had breached fiduciary duties owed to them, and had contravened certain statutory provisions. The defendant contested these claims, asserting that the plaintiffs had no grounds for relief.

The legal issues the court needed to address included the appropriate basis for quantifying the costs incurred by the plaintiffs, the allocation of costs between different claims, and the calculation of interest as part of the damages awarded. Specifically, the court had to consider whether the claims were sufficiently distinct to warrant separate cost allocations or if they were closely intertwined, as well as the appropriate time from which interest should be calculated. The court also had to determine the percentage of costs that should be awarded to the plaintiffs, given that some claims were unsuccessful.

The court held that the claims, while separate in some respects, arose from the same factual matrix, and thus it was not appropriate to apportion costs between them. The court recognised that some claims had been abandoned or were unsuccessful and awarded the plaintiffs 90% of their costs to reflect this. Regarding the calculation of interest, the court determined that as the relationship between the parties was fiduciary in nature, interest should be calculated from the date the Court delivered its principal judgment. This decision recognised the unique circumstances of the case and the need for equitable treatment in the allocation of costs and interest.