357 Thornleigh Place Pty Limited v Shams (No 2) [2023] NSWCATAP 229

357 Thornleigh Place Pty Limited v Shams (No 2) [2023] NSWCATAP 229

Because the appellant was successful on the main grounds of appeal, but unsuccessful on two distinct issues (remitter for redetermination and the claim concerning termination of lease for non-provision of guarantee), the respondent should pay 90% of the appellant's costs rather than the full amount.

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Appeal / Costs Determination After Substantive Appeal
Outcome
Applications concerning costs determined; the respondent ordered to pay 90% of the appellant's costs.
Legal Topics
['costs' 'appeal' 'unconscionable Conduct' 'lease Dispute']
['civil Procedure'] ['costs' 'appeal' 'unconscionable Conduct' 'lease Dispute']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Substantive Appeal

Legal Issues

  1. 1 ['Whether a hearing in respect of costs applications should be dispensed with' 'Whether costs should be awarded following the appeal' 'If so, what percentage of costs should be awarded given partial success']

Ratio Decidendi

Because the appellant was successful on the main grounds of appeal, but unsuccessful on two distinct issues (remitter for redetermination and the claim concerning termination of lease for non-provision of guarantee), the respondent should pay 90% of the appellant's costs rather than the full amount.

Court Disposition

Applications concerning costs determined; the respondent ordered to pay 90% of the appellant's costs.

Orders

  • ['A hearing in respect of the applications concerning the costs of the appeal is dispensed with.' "The respondent is to pay 90% of the appellant's costs of the appeal, as agreed or assessed, on the ordinary basis."]