T Group Pty Limited and Sitwell

The Supreme Court of Western Australia, presided over by Johnston J, considered a dispute between T Group Pty Limited and Mr Sitwell. The precise nature of the dispute is not detailed in the provided text, however, the outcome indicates a judgment in favour of T Group Pty Limited.

The central legal issue before the court concerned the determination of costs payable by Mr Sitwell to T Group Pty Limited. Specifically, the court was required to decide the basis upon which these costs should be assessed and to set a limit on counsel's fees.

Johnston J ordered that Mr Sitwell was to pay the costs of T Group Pty Limited. These costs were to be assessed on an indemnity basis, reflecting a higher standard of recovery than standard costs. However, a specific limitation was imposed on the assessment of counsel's costs, capping them at a maximum of $5,000 per day.