In the matter of GPM Constructions Pty Ltd - Oreb v GPM Constructions Pty Ltd

In this case, GPM Constructions Pty Ltd sought a determination of costs against Oreb, following a dispute that had been settled. The matter was heard in the Supreme Court of New South Wales. The primary focus of the case was whether the general rule that costs follow the event applies, and if so, how the court should exercise its discretion in a situation where neither party was entirely successful, but one party was more successful than the other.

The court had to determine the extent to which the general rule that costs follow the event should be applied, particularly in a context where neither party had achieved complete success but one party had been more successful overall. This involved considering the proportionality of costs awarded in relation to the degree of success achieved by each party. The court also needed to assess the exercise of its discretion in light of the circumstances of the case, including the relative success of each party and any relevant factors that might influence the appropriateness of the costs awarded.

The court found that while the general rule that costs follow the event applies, it is not an absolute rule and the court retains a discretion to adjust the costs to reflect the relative success of the parties. In this case, the court concluded that Oreb was more successful than GPM Constructions Pty Ltd, and therefore, a costs order in favour of Oreb was appropriate. The court exercised its discretion to award costs to Oreb, but it did so in a manner that reflected the relative success of each party. The court ordered that GPM Constructions Pty Ltd pay Oreb's costs of the proceeding on an indemnity basis.