A ‘Pyrrhic victory’
- The plaintiff (Actrol Parts Pty Ltd) won on the law in Actrol Parts. However, the judge dismissed the proceedings – therefore the defendant won.
- The judge considered it to be a ‘Pyrrhic victory as he found that the employer had contravened the Civil Procedure Act by failing to ensure that costs were “reasonable and appropriate, and in proportion with the complexity and importance of the issues in dispute”.
- The judge ordered the plaintiff to pay the defendant’s costs on an indemnity basis in order to penalise the plaintiff’s conduct.
- Responses will vary. Students might point out that the case serves as an example for parties to properly observe the ten overarching obligations, including ensuring “that costs are reasonable and appropriate, and in proportion with the complexity and importance of the issues in dispute”.