Ouwens Casserly Real Estate Pty Ltd & Ors v Harcourts South Australia Pty Ltd

[2017] SASCFC 69

South Australia Full Court

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Contractual agreements as to costs
4. › Franchise agreement requiring franchisee to bear costs 'incurred'
5. › Whether clause plainly and unambiguously provides for costs above party/party costs
6. › Whether word 'incurred' sufficient without using rules terminology
1. Practice and Procedure
2. › Costs
3. › Appeals as to costs
4. › Permission to appeal costs order
5. › Whether appeals on questions of costs should be encouraged
6. › Whether question of general importance raised

Quick Take

A contractual clause requiring a party to bear all costs and expenses 'incurred' by the other party plainly and unambiguously provides for costs at least on a solicitor/client basis, even without using the specific terminology of the court rules. Such a clause is sufficient to displace the ordinary party/party costs order.