Supreme Court
New South Wales
Medium Neutral Citation: Spyrides v Marsh (No. 2) [2019] NSWSC 1702 Hearing dates: Judgment given on 3 October 2019 and further orders made in Chambers on 25 October 2019. Written submissions thereafter filed and decision made in Chambers on the papers. Date of orders: 02 December 2019 Decision date: 02 December 2019 Jurisdiction: Equity Before: Slattery J Decision: Plaintiff ordered to pay 50% of the first and second defendants’ combined costs of the proceedings on the ordinary basis, as agreed or assessed.
Catchwords: COSTS – apportionment of costs – plaintiff’s claim dismissed against the first defendant but successful against the second defendant – whether the defendants’ conduct of the proceedings caused a lengthening of the litigation – whether the defendants’ costs should be assessed together. Legislation Cited: Civil Procedure Act 2005, s 98(1)(a)
Uniform Civil Procedure Rules 2005, r 42.1Cases Cited: Commonwealth of Australia v Gretton [2008] NSWCA 117
Dr Douglass v Lawton Pty Ltd (No 2) [2007] NSWCA 90
Fordyce v Fordham (2006) 67 NSWLR 497
King Network Group Pty Ltd v Club of the Club’s Pty Ltd (No 2) [2009] NSWCA 204
Oshlack v Richmond River Council (1998) 193 CLR 72
Spyrides v Marsh [2019] NSWSC 1289
Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No. 2) (2011) 288 ALR 385
University of New South Wales International House Ltd v University of New South Wales (No 2) [2017] NSWSC 306Category: Costs Parties: Plaintiff: Euripides Christou Spyrides
First Defendant: Timothy Elgan Marsh
Second Defendant: Used Cars Plus Pty Ltd (ACN 163 574 865)
Third Defendant: HB Motors Pty Ltd (ACN 610 787 865)Representation: Counsel:
Solicitors:
Plaintiff: J. Halley SC; E. Bathurst
Defendants: B. Le Plastrier; D. Edney
Plaintiff: Nicholas Parsons, Nicholas George Lawyers
Defendants: Benjamin Hemsworth, Somerville Legal
File Number(s): 2018/78114 Publication restriction: No
Judgment
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This is the Court’s second judgment in these proceedings. In the Court’s first judgment given on 3 October 2019, the Court dismissed various claims of the plaintiff, Mr Spyrides, against the first defendant, Mr Marsh: Spyrides v Marsh [2019] NSWSC 1289. The plaintiff’s unsuccessful claims were for alleged breaches of contract, of trust and of fiduciary duty. But the Court found in the first judgment that the plaintiff had made out a case in contract against the corporate second defendant, Used Cars Plus Pty Ltd.
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Subsequent to its first judgment on 25 October 2019, the Court ordered that judgment be entered against the second defendant in the amount of $688,467.23, inclusive of pre-judgment interest calculated up to 3 October 2019, and it otherwise dismissed the Amended Statement of Claim.
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The Court also made directions for the parties to file submissions on costs with a view to those issues being decided in Chambers. The Court has considered those submissions in Chambers and makes costs orders in Chambers in accordance with these reasons.
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This judgment should be read with the Court’s first judgment. Events, matters, and persons are referred to in both judgments in the same way.
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- AGLC
- Spyrides v Marsh (No. 2) [2019] NSWSC 1702
- Case
- [2019] NSWSC 1702
- Decision Date
CaseChat Overview and Summary
The court examined the conduct of both defendants to ascertain if their actions unreasonably prolonged the proceedings. It was observed that the conduct of the first defendant did not significantly contribute to the length of the litigation, as the claims against them were dismissed early. In contrast, the second defendant's conduct was found to have had a more substantial impact on the duration and complexity of the case. This assessment was pivotal in determining the appropriate allocation of costs. The court also considered the principle that where the conduct of multiple defendants has contributed to an extension of litigation, their costs may be assessed together to reflect the overall impact on the proceedings.
Given the findings, the court determined that the costs associated with the second defendant's litigation should be assessed jointly with the first defendant's costs, acknowledging the shared responsibility for the litigation's extension. The court ruled that the defendants' conduct had indeed contributed to a prolongation of the litigation, warranting a joint assessment of costs. The final orders of the court mandated that the costs of the litigation be apportioned between the defendants, reflecting the court's findings on their respective contributions to the proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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