Calvo v Ellimark Pty Ltd (No 2) [2016] NSWCA 197

Calvo v Ellimark Pty Ltd (No 2) [2016] NSWCA 197

The appropriate and fair costs orders require Ellimark Pty Ltd to pay 50% of Mrs Calvo's costs at first instance and on appeal attributable to Ellimark, reflecting the distinct issues and success in the proceedings. Ms Johnson is to pay costs as claimed by Mrs Calvo in relation to issues between her and Ms Johnson, as Ms Johnson was unsuccessful at both trial and on appeal.

Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Appeal / Costs Determination Following Successful Appeal
Outcome
Appeal allowed against both respondents with partial success on costs; various fractional and specific costs orders made as described below.
Legal Topics
['costs' 'appeal Costs' 'fractional Costs Order' 'orders for Share Transfer']
['civil Procedure'] ['costs' 'appeal Costs' 'fractional Costs Order' 'orders for Share Transfer']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Costs Determination Following Successful Appeal

Legal Issues

  1. 1 ['Whether costs at first instance and on appeal should follow the event or whether a fractional costs order should be made' 'Appropriate form of orders for the transfer of shares in AIM']

Ratio Decidendi

The appropriate and fair costs orders require Ellimark Pty Ltd to pay 50% of Mrs Calvo's costs at first instance and on appeal attributable to Ellimark, reflecting the distinct issues and success in the proceedings. Ms Johnson is to pay costs as claimed by Mrs Calvo in relation to issues between her and Ms Johnson, as Ms Johnson was unsuccessful at both trial and on appeal.

Court Disposition

Appeal allowed against both respondents with partial success on costs; various fractional and specific costs orders made as described below.

Orders

  • ['Appeal against the First Respondent (Ellimark Pty Ltd) allowed.' 'Orders at first instance (in part) set aside.' 'Within three business days of Appellants delivering a bank cheque payable to Ellimark Pty Ltd in the amount of $417,000, Ellimark Pty Ltd is to: (a) execute and deliver to the Second Appellant a...