The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174

The State of Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174

The usual order as to costs applies; no basis exists to apportion or withhold costs from the successful appellants despite one issue being unsuccessfully raised, nor is there reason to deny or limit costs to Tabcorp owing to overlap or its procedural history. Tabcorp may recover its costs fairly and reasonably incurred from 22 December 2010 onward, given the litigation circumstances and necessity to prepare prior to formal joinder.

Jurisdiction
Australia
Judgment Date
03 December 2012
Procedural Posture
Appeal / Judgment on Costs Following Substantive Appeal Decision
Outcome
Appeals allowed; costs orders made in favour of the appellants and third respondent.
Legal Topics
['costs' 'joinder of Parties' 'appeal Procedure']
['civil Procedure'] ['costs' 'joinder of Parties' 'appeal Procedure']

Case Brief

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Procedural Posture

Appeal / Judgment on Costs Following Substantive Appeal Decision

Legal Issues

  1. 1 ['Whether there should be any departure from the usual order as to costs when successful appellants failed on one issue not unreasonably raised' "Whether costs prior to a party's formal joinder can be awarded" 'Whether there was undue overlap warranting an adjustment of costs in appeals involving two appellants with distinct interests']

Ratio Decidendi

The usual order as to costs applies; no basis exists to apportion or withhold costs from the successful appellants despite one issue being unsuccessfully raised, nor is there reason to deny or limit costs to Tabcorp owing to overlap or its procedural history. Tabcorp may recover its costs fairly and reasonably incurred from 22 December 2010 onward, given the litigation circumstances and necessity to prepare prior to formal joinder.

Court Disposition

Appeals allowed; costs orders made in favour of the appellants and third respondent.

Orders

  • ['The Victorian Commission for Gambling and Liquor Regulation be substituted as Fourth Respondent.' 'The appeals be allowed.' "The First and Second Respondents pay the Appellant's and Third Respondent's costs of and incidental to the appeal." 'Orders of the primary judge set aside in part and amended orders for...