Radferry Pty Ltd v Starborne Holdings Pty Ltd [1999] FCA 171

Radferry Pty Ltd v Starborne Holdings Pty Ltd [1999] FCA 171

As the Radferry directors were substantially successful in the appeal and cross-appeal, having resisted an increase and achieved a reduction of the damages award, costs should follow the event, and thus Starborne Holdings Pty Ltd should pay their costs of the appeal and cross-appeal.

Jurisdiction
Australia
Judgment Date
02 March 1999
Procedural Posture
Appeal and Cross Appeal / Post Judgment (supplementary Reasons on Costs)
Outcome
Costs awarded to the Radferry directors for the appeal and cross-appeal; previous costs orders stand.
Legal Topics
['costs' 'damages']
['civil Procedure'] ['costs' 'damages']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Post Judgment (supplementary Reasons on Costs)

Legal Issues

  1. 1 ['Whether Starborne Holdings Pty Ltd should bear the costs of the appeal and cross-appeal against the Radferry directors' 'Assessment and recalculation of damages awarded to Starborne']

Ratio Decidendi

As the Radferry directors were substantially successful in the appeal and cross-appeal, having resisted an increase and achieved a reduction of the damages award, costs should follow the event, and thus Starborne Holdings Pty Ltd should pay their costs of the appeal and cross-appeal.

Court Disposition

Costs awarded to the Radferry directors for the appeal and cross-appeal; previous costs orders stand.

Orders

  • ['The orders as to costs made on 18 December 1998 stand.']