Fish v Kurmond Homes Pty Ltd

The case of Fish v Kurmond Homes Pty Ltd involved Kyle Fish, the plaintiff, and Kurmond Homes Pty Ltd, the defendant. The dispute centred around a property transaction where Fish alleged that Kurmond Homes Pty Ltd breached their contractual obligations. The matter was heard in the Civil and Administrative Tribunal of New South Wales. The plaintiff sought damages for the defendant's alleged breaches, while the defendant denied the allegations and sought to defend the claims.

The legal issue before the tribunal was whether the costs incurred in the proceedings should follow the event, or if there were discrete and separable issues that would justify a departure from this principle. Specifically, the tribunal had to determine the appropriate apportionment of costs between the parties, considering the outcomes and the nature of the claims and defences presented.

The tribunal examined the conduct of the proceedings and the outcomes of the claims. It found that although the defendant successfully defended against the primary claim, the plaintiff did achieve some success on ancillary issues. The tribunal considered the overall conduct of both parties and the outcomes reached, concluding that a departure from the usual costs order was warranted. The tribunal apportioned the costs two-thirds in favour of the defendant and one-third in favour of the plaintiff, reflecting the partial success achieved by each party. The tribunal's decision resulted in a proportionate distribution of costs, aligning with the outcomes of the proceedings.