Re Imperium Projects Pty Ltd

Imperium Projects Pty Ltd was the plaintiff in a proceeding brought against various defendants. The primary dispute centred around contractual obligations and associated damages. The case was heard in the Supreme Court of New South Wales. The plaintiff sought costs in relation to the proceedings, arguing for a departure from the general rule concerning costs in the cause, particularly as they had only been partially successful.

The legal issues before the court revolved around the appropriate allocation of costs in interlocutory proceedings where the plaintiff had only achieved partial success. The court was required to determine whether the general rule that costs follow the event should be departed from and, if so, to what extent. The plaintiff contended that the significant efforts expended in achieving partial success warranted a deviation from the usual cost-bearing rule.

The court found that while the plaintiff had indeed expended considerable effort, the principle that costs follow the event generally applies. The court noted that the plaintiff's partial success did not justify a departure from this rule without a strong justification. Ultimately, the court upheld the general principle, ruling that the plaintiff was not entitled to the costs they sought. The court's decision reinforced the principle that costs in the cause are typically awarded to the successful party, and only in exceptional circumstances should this be departed from.

No further orders were made by the court beyond the determination of the costs issue.