In Forostenko v. Springfree Trampoline Australia Pty Ltd (No. 2), the plaintiff, Phillip Anthony Forostenko, successfully claimed damages for a foot injury sustained while using a Springfree trampoline. Judgment was delivered on 28 May 2024, with the plaintiff awarded $744,175. Subsequently, the court addressed the issue of costs.
The plaintiff sought indemnity costs, citing that he had beaten his pre-trial offers. However, the defendant argued for a more complex costs order, claiming adjustments related to amendments in the plaintiff's claim and partial successes. Ultimately, the court ordered that the defendant pay the plaintiff's costs on a standard basis, assessed on the District Court scale, balancing the considerations of late amendments, partial case success, and overall case conduct.