Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31

Pavlovic v Universal Music Australia Pty Ltd (No 2) [2016] NSWCA 31

Given that the determination of separate questions represents a discrete aspect and proceedings will be lengthy, interests of justice require that costs ordered to be paid by the first respondent to the appellants for the appeal and earlier proceedings be payable forthwith. Strong negative credibility findings by Sackar J regarding Mr Pavlovic make it appropriate to remit remaining issues to a judge other than Sackar J.

Jurisdiction
Australia
Judgment Date
07 March 2016
Procedural Posture
Appeal / Post Appeal, Determination of Notice of Motion Regarding Costs and Remitter
Outcome
Notice of motion granted; orders varied; costs to appellants payable forthwith; remitter to a judge other than Sackar J.
Legal Topics
['costs' 'remitter to a Differently Constituted Court' 'interlocutory Applications' 'practice and Procedure']
['civil Procedure'] ['costs' 'remitter to a Differently Constituted Court' 'interlocutory Applications' 'practice and Procedure']

Case Brief

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Procedural Posture

Appeal / Post Appeal, Determination of Notice of Motion Regarding Costs and Remitter

Legal Issues

  1. 1 ['Whether costs of appeal and proceedings below should be ordered payable forthwith' 'Whether remitter should be directed to a judge other than Sackar J']

Ratio Decidendi

Given that the determination of separate questions represents a discrete aspect and proceedings will be lengthy, interests of justice require that costs ordered to be paid by the first respondent to the appellants for the appeal and earlier proceedings be payable forthwith. Strong negative credibility findings by Sackar J regarding Mr Pavlovic make it appropriate to remit remaining issues to a judge other than Sackar J.

Court Disposition

Notice of motion granted; orders varied; costs to appellants payable forthwith; remitter to a judge other than Sackar J.

Orders

  • ["Orders (4) and (5) amended to refer to 'first respondent' instead of 'respondents'." 'Costs ordered to be paid by the first respondent to the appellants of the appeal and in the court below to be payable forthwith as agreed or assessed.' "Order 6 varied by inserting 'to a Judge other than Sackar J' after 'Supreme...