James & Ors v Surf Road Nominees Pty Limited & Ors [No 2]

[2005] NSWCA 296

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Multiple issues
4. › Apportionment of costs where mixed outcomes
5. › Whether costs should follow the event or be apportioned
6. › Discrete issues versus inseparable issues
7. › Supreme Court Act 1970 (NSW), s 76
8. › Supreme Court Rules Pt 52A r 11
1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Costs of appeal where appellant successful on some issues but not others
5. › Apportionment between discrete respondent groups
1. Practice and Procedure
2. › Final orders
3. › Form of orders to give effect to reasons for judgment
4. › Whether party who participated in wrongful exercise of power of sale should be jointly liable

Quick Take

Where proceedings involve multiple discrete issues with mixed outcomes and overlapping evidence, the court may consider the claim and cross-claim together for costs purposes and make percentage-based apportionments. Mathematical precision is not required; the exercise depends on matters of impression and evaluation. A party that participated in a wrongful act (here, exercise of a power of sale) may be held jointly liable even if it had no legal right to act at the relevant time.