Event and Time
Event Description
On 2 November 2022, the New South Wales Supreme Court delivered a judgment regarding costs in the case of *Lucas v Salman* following its earlier principal judgment delivered on 28 September 2022. The court ruled in favor of the plaintiffs against several defendants, with costs awarded to the plaintiffs despite their limited success on the claims.
Application and Claims
- Plaintiffs' Claims:
- Breach of contract - Estoppel - Family provision orders regarding George’s estate - Family provision orders regarding Jill’s estate
- The plaintiffs succeeded on the estoppel claim related specifically to George’s superannuation amounting to $211,892.84.
- Defendants' Claims:
- Asserted that the majority of legal work focused on claims where the plaintiffs did not succeed. - Requested the court to order that: - Each party bear their own costs up until 22 October 2022. - After a Calderbank Offer was made on 22 October 2022, the plaintiffs should pay the defendants' costs on an indemnity basis.
Judicial Decisions
The Court ordered the defendants to pay the plaintiffs’ costs despite the plaintiffs' limited success. The Court's decision referred to the Uniform Civil Procedure Rules 2005 (NSW), stipulating that costs usually follow the event unless exceptions apply.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs' Argument:
- As they succeeded on the estoppel claim, they argued that costs should naturally follow the event per UCPR r 42.1. - Contended that any success justified recovering the entire costs incurred during the proceedings.
- Defendants' Argument: