Pekar v Rickards Legal (No.3)

This matter concerned an application by the plaintiff, Mr Pekar, against the defendant, Rickards Legal, for an order that the defendant's costs incurred in the proceeding be assessed and paid by the plaintiff. The application arose from a dispute concerning the plaintiff's entitlement to a commission. The application was heard in the County Court of Victoria by Judge Burchardt.

The primary legal issue before the court was whether the plaintiff should be ordered to pay the defendant's costs of the proceeding, notwithstanding that the plaintiff had been successful in part. The court was required to consider the principles governing the award of costs, particularly in circumstances where a party achieves a partial success.

Judge Burchardt reasoned that the general rule that costs follow the event should be applied, but that this rule was not absolute. His Honour considered the specific circumstances of the case, including the plaintiff's partial success and the defendant's conduct during the litigation. The court applied the principle that costs are a matter for the discretion of the court, to be exercised judicially, and that a party's conduct can be a relevant factor in the exercise of that discretion.

The court ordered that the plaintiff pay the defendant's costs of the proceeding, to be assessed on an indemnity basis.