COSTS — whether general rule that costs follow the event applies — where parties had mixed outcome — where defendants had substantial success — whether costs should be apportioned
Quick Take
1Where proceedings produce a mixed outcome, the court may depart from the general rule that costs follow the event (UCPR r 42.1) and apportion costs between the parties on a broad-brush basis as a matter of impression and evaluation.
2The 'event' in costs assessment refers to the practical result of the claim; where neither party achieves complete success, apportionment rather than an all-or-nothing costs order may be appropriate and fair.
Case Details
Citation[2026] NSWSC 904
CourtNSWSC
JurisdictionNew South Wales
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