Johnson T/As One Tree Constructions & Ors v Lukeman & Anor [2017] NSWCATAP 45

Johnson T/As One Tree Constructions & Ors v Lukeman & Anor [2017] NSWCATAP 45

Neither party should suffer an adverse costs order where the outcome of the appeal is mixed and neither side's unsuccessful grounds significantly increased the costs or hearing time. Both parties achieved a significant measure of success and thus it is appropriate that each bear their own costs.

Jurisdiction
Australia
Judgment Date
28 February 2017
Procedural Posture
Internal Appeal / Costs Determination After Appeal Decision
Outcome
No order as to costs
Legal Topics
['costs' 'building Disputes' 'appeal Costs' 'discretion to Award Costs']
['civil Procedure'] ['costs' 'building Disputes' 'appeal Costs' 'discretion to Award Costs']

Case Brief

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Procedural Posture

Internal Appeal / Costs Determination After Appeal Decision

Legal Issues

  1. 1 ['Whether a costs order should be made following a mixed outcome on appeal where both parties experienced partial success']

Ratio Decidendi

Neither party should suffer an adverse costs order where the outcome of the appeal is mixed and neither side's unsuccessful grounds significantly increased the costs or hearing time. Both parties achieved a significant measure of success and thus it is appropriate that each bear their own costs.

Court Disposition

No order as to costs

Orders

  • ['Each party to pay their own costs.']