Ellison v Sandini Pty Ltd (No. 2) [2018] FCAFC 67

Ellison v Sandini Pty Ltd (No. 2) [2018] FCAFC 67

Having regard to the degree of forensic success and failure on the issues on appeal and the ultimate outcome, costs between the Sandini parties and the Wavefront parties should be apportioned for both the appeal and the proceedings below.

Jurisdiction
Australia
Judgment Date
03 May 2018
Procedural Posture
Appeal / Determined on the Papers on Submissions After the Initial Judgment as to Costs
Outcome
Costs orders made; prior costs order set aside and replaced.
Legal Topics
['costs' 'apportionment of Costs' 'appeal Costs']
['practice and Procedure' 'taxation'] ['costs' 'apportionment of Costs' 'appeal Costs']

Case Brief

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Procedural Posture

Appeal / Determined on the Papers on Submissions After the Initial Judgment as to Costs

Legal Issues

  1. 1 ['Whether costs should be apportioned having regard to the degree of forensic success and failure on the appeal and the ultimate outcome.']

Ratio Decidendi

Having regard to the degree of forensic success and failure on the issues on appeal and the ultimate outcome, costs between the Sandini parties and the Wavefront parties should be apportioned for both the appeal and the proceedings below.

Court Disposition

Costs orders made; prior costs order set aside and replaced.

Orders

  • ['The first to fourth respondents in WAD 173 of 2017 (the Sandini parties) pay the costs of the appeals of the Commissioner of Taxation as agreed or taxed.' 'The Sandini parties pay eighty per cent (80%) of the costs of the appeals of Debbie Maree Ellison and Wavefront Asset Pty Ltd (ACN 139 479 968) ATF The...