Gray v Latter [2014] NSWSC 207

The court ordered costs to follow the event on the basis that the borrowers had been substantially successful, even though they had failed on a number of the matters raised by way of defence and cross-claim. This was because the court found that evidence relating to these matters was still relevant to the Contracts Review Act defence and these matters did not prolong the trial. The court also took account of the borrowers’ offer to settle which was more favourable than the result the lender obtained.

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