Spotless Group Ltd v Premier Building and Consulting Pty Ltd & Anor

[2008] VSCA 115

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Lengthy trial with mixed success
5. › Whether trial judge erred in assessing time spent on issues
6. › Whether proportionate costs order should have been made
7. › Supreme Court Act 1986 (Vic), s 17A(1)(b)
1. Practice and Procedure
2. › Costs
3. › Multiple defendants jointly represented
4. › Related corporate entities
5. › Rule of thumb for successful defendants' costs
6. › Whether rule of thumb applies where costs order is issue-based
7. › Whether separate costs orders should be made for wholly successful defendants
1. Appeal
2. › Leave to appeal
3. › Costs orders
4. › Standard of review
5. › Whether manifest error in exercise of discretion
6. › Supreme Court Act 1986 (Vic), s 17A(1)(b)

Quick Take

The 'rule of thumb' that each successful jointly-represented defendant is entitled to its proportion of joint costs does not apply where the trial judge's costs order is issue-based, resting on an assessment of how substantial issues were resolved rather than on the success or failure of causes of action. Awarding separate costs to wholly successful related corporate entities jointly represented with an unsuccessful co-defendant may be refused where it would defeat the purpose of an issue-based costs order.