Nassif & Anor v Fahd & Ors [2007] NSWCA 308

Nassif & Anor v Fahd & Ors [2007] NSWCA 308

Although the appellants ultimately succeeded on appeal, they did so on a point not raised in the District Court which should have been pleaded; this failure resulted in unnecessary prolongation and expense. Both the appellants' and respondents' actions contributed to the costs incurred. Therefore, each party should bear their own costs both in the District Court and on appeal.

Jurisdiction
Australia
Judgment Date
31 October 2007
Procedural Posture
Appeal / Costs Determination After Appeal Judgment
Outcome
No order as to costs in both District Court and Court of Appeal; each party to bear their own costs.
Legal Topics
['costs' 'discretionary Costs Orders' 'collateral Oral Agreements' 'appeal' 'remedial Nature of Costs']
['civil Procedure'] ['costs' 'discretionary Costs Orders' 'collateral Oral Agreements' 'appeal' 'remedial Nature of Costs']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 ['Whether costs should follow the event when appellants succeed on a new point not raised at trial' 'Whether each party should bear their own costs due to conduct at trial and appeal']

Ratio Decidendi

Although the appellants ultimately succeeded on appeal, they did so on a point not raised in the District Court which should have been pleaded; this failure resulted in unnecessary prolongation and expense. Both the appellants' and respondents' actions contributed to the costs incurred. Therefore, each party should bear their own costs both in the District Court and on appeal.

Court Disposition

No order as to costs in both District Court and Court of Appeal; each party to bear their own costs.

Orders

  • ['Make no order as to costs in the District Court to the intent that each party be left to bear their own costs.' 'Make no order as to costs of the appeal to the intent that each party be left to bear their own costs.']