Multiple defendants

Shaw v Niru Construction Pty Ltd & Anor (No.3) [2021] NSWDC 624. Learn about the case here. But what is true is that a successful defendant should only be able to recover from the plaintiff a proportionate share of ‘common costs’ being those referable to the claim pressed (jointly) against both defendants, plus any costs solely referable to the plaintiff’s claim against the successful defendant. This is also known as the rule of thumb, or the Currabubula principle, and was considered last week in Shaw v Niru Construction Pty Ltd & Anor (No.3) [2021] NSWDC 624.