|ORDERS:||1. Judgment be given for the plaintiffs in the amount of $10 for breach of the implied term of the contract pleaded at paragraph 17(a) of the Second Further Amended Statement of Claim filed 7 August 2012.2. The plaintiffs’ claim is otherwise dismissed.3. The plaintiffs pay 16 per cent of the defendant’s costs of and incidental to the proceeding to be assessed on the standard basis.
|CATCHWORDS:||PROCEDURE – COSTS – GENERAL RULE – COSTS FOLLOW THE EVENT – COST OF ISSUES – whereplaintiff succeeds on one part of liability case – where plaintiff fails to prove loss –where plaintiff awarded nominal damages only – whether to depart from the general rule that costs follow the event.
David Cormack – Brisbane Barrister.