Mills v Mills (No 2)

The case of Mills v Mills (No 2) involved a dispute regarding the valuation of a deceased partner's share in a partnership. The plaintiff, who was the surviving partner, sought a declaration of the net value of the deceased partner's share in the partnership as at a specified date. The court was tasked with determining this value and making any consequential orders. The dispute arose from the partnership's Deed, dated 29 October 1965, and the parties had conflicting views on how the deceased's share should be valued.

The central legal issue before the court was whether the plaintiff, who had a measure of success in the case, should be ordered to pay the defendant's costs. The plaintiff had offered to settle the case for a certain amount, which was less than what was ultimately awarded. However, the defendant had incurred substantial costs in resisting claims that the plaintiff only abandoned shortly before the trial. Both parties had experienced both success and failure in their respective claims.

The court considered the principles of costs in relation to substantial success and the effect of offers to settle. It noted that while the plaintiff had a measure of success, the defendant had also been substantially successful in resisting claims that were not abandoned until shortly before trial. The court concluded that neither party should bear the costs of the other, resulting in no order for costs. The court also ordered the return of a particular exhibit to the plaintiff and granted liberty to apply for consequential orders.