Liggins v ParkTrent Properties Group Pty Ltd (No. 3)

The plaintiffs, Liggins, brought an action against the first defendant, ParkTrent Properties Group Pty Ltd, and the second defendant, another party, for specific performance and against both defendants for misleading and deceptive conduct. The dispute was heard in the Federal Court of Australia. The plaintiffs sought damages in lieu of specific performance against the first defendant, but their claim for misleading and deceptive conduct against both defendants was unsuccessful.

The court needed to determine the appropriate order for costs in favour of the plaintiffs against the first defendant and the second defendant against the plaintiffs. The plaintiffs were represented by different solicitors and counsel from those representing the defendants. The first and second defendants were represented by the same solicitors and counsel.

The court considered the principles of costs in Australian litigation, focusing on the mixed success of the plaintiffs. The court held that the plaintiffs were entitled to an order for costs against the first defendant for their successful claim of damages in lieu of specific performance. However, the court found that the plaintiffs were not entitled to costs against the second defendant as their claim for misleading and deceptive conduct was unsuccessful. The court considered the overall outcome of the litigation, including the nature of the claims and the results achieved, in determining the appropriate orders for costs.

The final orders of the court were that the plaintiffs were to recover their costs from the first defendant for the successful claim, and the second defendant was to bear their own costs for the unsuccessful claims. The plaintiffs were not to recover their costs from the second defendant.