Grandview Pty Ltd v Bacon (No 2) [2021] NSWCATAP 164

Grandview Pty Ltd v Bacon (No 2) [2021] NSWCATAP 164

The usual order that the unsuccessful party pays the successful party's costs applies, as respondents wholly succeeded and no disentitling conduct or special circumstances warrant indemnity costs or departure from the ordinary basis.

Parties
First Appellant: Grandview Pty Ltd; Second Appellant: Andrew Szatow; First Respondent: Claire Bacon; Second Respondent: Cheyne Graham Reading
Jurisdiction
Australia
Judgment Date
03 June 2021
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Appellants are to pay respondents' costs of the appeal on the ordinary basis.
Legal Topics
Award of Costs on Appeal, Ordinary Basis Vs Indemnity Basis, Discretion for Costs Orders
Costs Award of Costs on Appeal Ordinary Basis Vs Indemnity Basis Discretion for Costs Orders

Case Brief

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Parties

Grandview Pty Ltd

First Appellant

Andrew Szatow

Second Appellant

Claire Bacon

First Respondent

Cheyne Graham Reading

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs should follow the event and be awarded to the successful respondents
  2. 2 Whether costs should be awarded on an indemnity basis due to alleged misconduct by appellants

Ratio Decidendi

The usual order that the unsuccessful party pays the successful party's costs applies, as respondents wholly succeeded and no disentitling conduct or special circumstances warrant indemnity costs or departure from the ordinary basis.

Court Disposition

Appellants are to pay respondents' costs of the appeal on the ordinary basis.

Orders

  • An oral hearing on costs is dispensed with.
  • Appellants are to pay respondents' costs of the appeal on the ordinary basis.