The Uniting Church in Australia Property Trust (NSW) v Crowe (No 2)

The Uniting Church in Australia Property Trust (NSW) brought an action against Crowe, seeking relief related to various property transactions. The dispute involved multiple claims, some of which were successful while others were not. The matter was heard in the Supreme Court of New South Wales. The church was primarily successful in some claims but not entirely so, leading to a discussion on the allocation of costs between the parties.

The court was required to determine how to allocate the costs between the parties, given the mixed outcomes of the claims. Specifically, the court had to decide on the appropriate method of apportioning costs in cases where the plaintiff was successful on some claims but not others. The court also needed to consider the informal offers of compromise made by both parties and whether their refusal was reasonable in the context of the claims being pursued.

The court held that costs should follow the event on a claim-by-claim basis, with apportionment based on costs solely referable to each claim. The court found that the refusal of the informal offers of compromise was not unreasonable, given the nature and scope of the claims at the time. As a result, the respective applications for special and indemnity costs orders were dismissed. The church was entitled to its ordinary costs of the proceedings, apart from costs solely referable to unsuccessful or abandoned claims.

The court ordered that the Uniting Church in Australia Property Trust (NSW) was entitled to its ordinary costs of the proceedings, excluding costs solely referable to unsuccessful or abandoned claims. The court's decision ensured that costs were allocated fairly, reflecting the outcomes of the individual claims.