MA & J Tripodi Pty Ltd v Swan Hill Chemicals Pty Ltd
[2019] VSCA 46
Citation 1
…; being what the ‘justice of the case requires’. 23. In MA & J Tripodi Pty Ltd v Swan Hill Chemicals Pty Ltd [[2019] VSCA 46], the Court of Appeal stated: [153]Where a court determines to make an order apportioning costs, it does so primarily as a matter of impression and evaluation, rather than with arithmetical…
Chen v Chan
[2009] VSCA 233
Citation 2
(Para 10)
…14The power to awards costs is discretionary. The general principles to be applied were not in dispute. As stated in Chen v Chan [2009] VSCA 233 at [10]: (1)The general rule is that costs should follow the event. Absent disqualifying conduct, the successful party should recover its costs even where it has not succ…
Thiess Contractors Pty Ltd v Placer (Granny Smith) Pty Ltd
[2001] WASCA 166
Citation 3
…an award of nominal damages will not entitle a party to the costs of the proceedings : see Thiess Contractors Pty Ltd v Placer (Granny Smith) Pty Ltd [2001] WASCA 166 [9]. In such a case, the party has obtained something of no real use to them and something which, if they had known it was all that was available, th…
NCON Australia Ltd v Spotlight Pty Ltd (No 7)
[2014] VSC 25
Citation 4
…24. In NCON Australia Ltd v Spotlight Pty Ltd (No 7) [[2014] VSC 25], Robson J held: [23] I accept that the plaintiff succeeded in establishing the contract and succeeded in establishing its breach despite the fierce opposition of the defendant. Nevertheless, the sole object of the litigation was to recover dama…
Kekecial v Aus Made (2)
[2025] VCC 821
Citation 5
…1On 30 June 2025, I delivered reasons for judgment in this proceeding: Kekecial Pty Ltd v Aus Made Express International Group Pty Ltd [2025] VCC 821 (the Reasons .) 2I now deal with the final order, including costs, to be made in the matter. This decision follows on from the Reasons, and assumes that it has been…
Kekecial Pty Ltd v Aus Made Express International Group Pty Ltd (No 2)
[2023] VCC 876
Citation 6
…to an application Aus Made, brought on 20 February 2023: Kekecial Pty Ltd v Aus Made Express International Group Pty Ltd and Ors (No 2) [2023] VCC 876. At paragraph [34], Cosgrave J said: … I am prepared to reserve the defendants’ rights to claim recovery of its costs from the plaintiff’s solicitors or Yang, or b…