Slattery v Fordyce; Fordyce v Slattery (No 2) [2019] NSWSC 1729

Slattery v Fordyce; Fordyce v Slattery (No 2) [2019] NSWSC 1729

The first defendant was wholly successful on both the appeal and cross appeal. Submitting appearances by Dee-Tech and Bright Star were not effective for the cross appeal and were not served; both parties also actively opposed relief. Therefore, costs should follow the event with the plaintiff and the corporate defendants liable for costs of the appeal, cross appeal, and the costs application.

Jurisdiction
Australia
Judgment Date
05 December 2019
Procedural Posture
Appeal and Cross Appeal / Post Judgment (costs Orders)
Outcome
Costs orders granted in favour of first defendant / cross claimant.
Legal Topics
['costs' 'appeal' 'cross Appeal' 'submitting Appearance']
['civil Procedure'] ['costs' 'appeal' 'cross Appeal' 'submitting Appearance']

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 and Cross Appeal / Post Judgment (costs Orders)

Legal Issues

  1. 1 ['Entitlement to costs following the outcome of appeal and cross appeal' 'Liability for costs for parties filing submitting appearances' 'Judicial discretion under Civil Procedure Act 2005 (NSW) s 98 and UCPR r 42.1']

Ratio Decidendi

The first defendant was wholly successful on both the appeal and cross appeal. Submitting appearances by Dee-Tech and Bright Star were not effective for the cross appeal and were not served; both parties also actively opposed relief. Therefore, costs should follow the event with the plaintiff and the corporate defendants liable for costs of the appeal, cross appeal, and the costs application.

Court Disposition

Costs orders granted in favour of first defendant / cross claimant.

Orders

  • ["The plaintiff to pay the first defendant's costs of the appeal on the ordinary basis. There otherwise be no order as to costs of the appeal." "The first, second and third cross defendants to pay the cross claimant's costs of the cross appeal on the ordinary basis." "The plaintiff / first cross defendant and the...