Trajkovski v R K Findlay Pty Ltd (No 2)

In Trajkovski v R K Findlay Pty Ltd, the plaintiff pursued a claim against the defendant for a total failure of consideration following a contractual agreement. The case was heard in the Supreme Court of New South Wales. The plaintiff argued that despite successfully establishing a total failure of consideration, the defendant should be ordered to pay a significant sum for costs incurred during the proceedings. The original claim for substantial damages had failed, leading to a focus on the costs incurred by the plaintiff.

The central legal issue before the court was whether the plaintiff, having succeeded on a claim for total failure of consideration, was entitled to the full costs of the proceedings or only a proportionate part. The court had to balance the plaintiff's right to recover costs against the defendant's interest in limiting those costs. The court considered the nature of the proceedings, the significance of the claim, and the outcome achieved by the plaintiff.

The court determined that the plaintiff was entitled to a proportionate part of the costs, specifically ordering the defendant to pay 25 per cent of the plaintiff's costs of the proceedings. This decision reflected the partial success achieved by the plaintiff, given that while the claim for significant damages had failed, the plaintiff did successfully establish a total failure of consideration. The court concluded that the defendant should bear a portion of the costs, but not the entirety, in recognition of the mixed outcome of the proceedings.