Speziali v Nortask Pty Ltd (No 2)

The case involved a dispute between the plaintiff, Speziali, and the defendants, Nortask Pty Ltd and another party, over a claim for damages due to negligence. The matter was heard in the Supreme Court of New South Wales. The plaintiff sought compensation for losses incurred due to the defendants' alleged negligence. The defendants contested the claim, but the plaintiff was ultimately successful. The central issue before the court was whether the defendants should bear the costs of the proceedings and whether any costs should be subject to a Bullock order, which would require the defendants to pay a percentage of the plaintiff's costs.

The court considered the principle that costs generally follow the event, meaning that the losing party typically bears the costs of the proceedings. The court also examined the offers to settle made during the litigation, as these can be relevant to the assessment of costs. The court found that the defendants had made offers to settle that were not accepted by the plaintiff, and that these offers were not significantly advantageous to the plaintiff. The court determined that the defendants should pay the costs of the proceedings but declined to make a Bullock order, finding that the circumstances did not warrant such an order.

The court ordered that the first and second defendants pay the plaintiff's costs of the proceeding, but did not impose a Bullock order. This means that the defendants are liable for the plaintiff's costs but are not required to pay a specific percentage of those costs as determined by a Bullock order. The court's decision ensures that the plaintiff recovers the costs incurred in pursuing the successful claim, while also considering the offers to settle and the principle that costs generally follow the event.