Thumbiran v Silver Chef Rentals Pty Ltd; Thumbiran v Silver Chef Rentals Pty Ltd (No 2) [2022] NSWCA 178

Thumbiran v Silver Chef Rentals Pty Ltd; Thumbiran v Silver Chef Rentals Pty Ltd (No 2) [2022] NSWCA 178

The Court held that there was no proper basis to displace the usual rule that costs follow the event under UCPR r 42.1, especially since the respondent's erroneous conduct was the source of litigation and the grounds on which the appeal succeeded were not properly raised at first instance but did not justify altering the costs order.

Jurisdiction
Australia
Judgment Date
09 September 2022
Procedural Posture
Appeal / Ruling on Costs After Appeal
Outcome
Notice of motion dismissed with costs
Legal Topics
['costs' 'appeals' 'exercise of Discretion in Costs Orders']
['civil Procedure'] ['costs' 'appeals' 'exercise of Discretion in Costs Orders']

Case Brief

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Procedural Posture

Appeal / Ruling on Costs After Appeal

Legal Issues

  1. 1 ['Whether there is a basis to displace the usual order as to costs under UCPR r 42.1' 'Whether the successful appellant should be deprived of costs where the appeal succeeded on a point not raised at first instance' "Whether the respondent's conduct was the cause of the entire litigation"]

Ratio Decidendi

The Court held that there was no proper basis to displace the usual rule that costs follow the event under UCPR r 42.1, especially since the respondent's erroneous conduct was the source of litigation and the grounds on which the appeal succeeded were not properly raised at first instance but did not justify altering the costs order.

Court Disposition

Notice of motion dismissed with costs

Orders

  • ['Notice of motion filed 25 August 2022 dismissed with costs']