Gunderlong Mackay Pty Ltd v Simpkin (No 2)

Gunderlong Mackay Pty Ltd and two other plaintiffs brought proceedings against three defendants, including Simpkin, asserting claims for various breaches of contract, unjust enrichment, and tortious interference. The proceedings were heard in the Supreme Court of Queensland. The primary judgment resulted in the plaintiffs being successful on some claims, while the defendants defended and were successful on other claims. The court was subsequently required to determine the costs incurred by each party in relation to the issues on which they were successful.

The central legal issue before the court was the apportionment of costs between the parties. Both parties provided further submissions on the issue of costs, arguing for an entitlement to the costs of the issues on which they succeeded. The court needed to consider the principle that costs generally follow the event, and determine whether each party was entitled to the costs of the issues on which they were successful.

In its decision, the court considered the principle that costs generally follow the event, and found that the second defendant was successful in defending the substantive proportion of the claims. The court held that each party should bear their own costs for the issues on which they were unsuccessful, while the second defendant was liable to pay the costs of the issues on which the plaintiffs were successful. The court ordered the second defendant to pay the plaintiffs a specified sum of money, interest, and to deliver up specific items, while also confirming ownership of certain items for the plaintiffs. Additionally, the court ordered that the plaintiffs were to pay 75% of the defendants' standard costs.

The court’s orders reflect its decision that the second defendant was liable for the costs of the issues on which the plaintiffs were successful, while also addressing the ownership of specific items and apportioning the remaining costs between the parties. The final orders detail the financial payments and property transfers required as a result of the court’s determination.