CIVIL — COSTS — Where Ps only partially successful on liability — Where 1D should not have been joined to proceedings — Where Ps recovered a higher amount due to his/its car having greater value than 1D and 2D
Quick Take
1In multi-party tort proceedings with mixed outcomes on liability, the conduct of the parties — not the quantum recovered by the successful plaintiff relative to other parties — is the governing consideration when exercising the costs discretion under s 98 of the Civil Procedure Act 2005 (NSW).
2A plaintiff who persists in a claim against a defendant ultimately found to bear no liability, after receiving offers of compromise and clear notice of that defendant's non-involvement, bears the costs consequences of that decision and cannot shift those costs to the party found liable merely because the plaintiff's vehicle was of greater value.
3Where apportioning costs on an issue-by-issue basis in proceedings with separable liability and quantum questions, the court applies a broad-brush approach based on impression and evaluation, consistent with Avopiling Pty Ltd v Bosevski [2018] NSWCA 148 and Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304.
