No costs for winning party as court focuses on co-operation and proportionality (Ross River v Waverly Commercial)

Table of contents

• Practical implications
• Court details
• Facts
• Judgment
• The claimants and WCL's costs
• Indemnity costs
• The claimants and Mr Barnett's costs
• Reserved costs

Article summary

Mr Justice Morgan, in making costs orders, penalised a defendant who had ‘won’ for their failure to co-operate during the proceedings and for contesting matters which resulted in the other side incurring considerable expense to establish the matters. No order as to costs was made. He also emphasised that in a case such as this where the costs incurred far outweighed the amount awarded the question of proportionality was particularly important. Whilst the conduct of the defendants had been questionable he did not consider it sufficient to warrant ordering costs to be assessed on an indemnity basis and he also highlighted that requests for indemnity costs are being too frequent and will only be ordered by the court when the case is such as to be considered outside the ‘norm’.