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Dugan, Craig Francis & Ors v Process Holdings P/L (ACN 138 041 488) & Ors (No 2) [2021] VSC 641

PRACTICE AND PROCEDURE
Supreme Court of Victoria
Division: 
Commercial Court
Judge(s): 
Lyons J
Parties: 

Dugan, Craig Francis & Ors v Process Holdings P/L (ACN 138 041 488) & Ors (No 2)

Judgment Date: 
13 October 2021
Catchwords: 

PRACTICE AND PROCEDURE - Costs - Supreme Court Act 1986 (Vic) s 24(1) - Civil Procedure Act 2010 (Vic) s 65C - Nature of discretion as to costs - Interlocutory applications heard on one day - Parties represented by the same counsel and solicitors - Inter-relationship between the applications and overlap in the factual material relied upon - Plaintiffs successful on one application and mixed success on the other two applications - Pragmatic approach adopted as to the costs of the applications - Costs of all interlocutory applications apportioned based upon the Court's impression and evaluation of success - Plaintiffs entitled to 75% of their costs of the applications - Mandie v Memart Nominees Pty Ltd [2020] VSCA 320 and Major Engineering Pty Ltd v Helios Electroheat Pty Ltd (No 2) [2006] VSCA 114 applied.

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