Partial Success

SOME YOU WIN SOME YOU LOSE | PARTIAL SUCCESS AND THE COURTS’ APPROACH TO COSTS

Following trial of a dispute about covenants in contracts, under which the claimant sought payment from the defendant, the Judge declared that on a true interpretation of the covenants no liability for payment had yet arisen.

In addition to the “interpretation issue” the defendants also run a series of other defences, including fraudulent misrepresentation, conspiracy, estoppel, title to sue, and allegations that the original sales had been part of an unauthorised collective investment scheme.

These other defences failed.