Scott Tracey v BP Refinery (Kwinana) Pty Ltd

Scott Tracey brought an action against BP Refinery (Kwinana) Pty Ltd, claiming damages for personal injuries sustained in an accident at the refinery. After the case was settled, Tracey applied for costs under section 56(2) of the Civil Procedure Act 2005 (WA). BP Refinery opposed the application on the basis that the costs claimed were unreasonable. The court had to determine whether the costs claimed by Tracey were reasonable and whether BP Refinery was liable to pay those costs.

The court examined the detailed breakdown of costs submitted by Tracey, considering factors such as the complexity of the case, the amount at stake, and the skill and experience of the legal practitioners involved. The court found that while some costs were reasonable, others were excessive. The court emphasised the need for proportionality between the costs and the nature and value of the litigation. Ultimately, the court reduced the costs claimed by Tracey, ordering BP Refinery to pay the adjusted amount.