Karacominakis v Big Country Developments Pty Ltd & Ors Big Country Developments Pty Ltd v Chadlace Pty Ltd & Ors J W Wall Investment Co Pty Ltd & Ors v Big Country Developments Pty Ltd & Ors Hollingsworth & Anor v Big Country Developments Pty Ltd & Ors [2001] NSWCA 2

Karacominakis v Big Country Developments Pty Ltd & Ors Big Country Developments Pty Ltd v Chadlace Pty Ltd & Ors J W Wall Investment Co Pty Ltd & Ors v Big Country Developments Pty Ltd & Ors Hollingsworth & Anor v Big Country Developments Pty Ltd & Ors [2001] NSWCA 2

Cost orders must be made by reference to each separate claim and cross-claim, aligning liability for costs with the outcome on each claim and cross-claim, rather than on a global or undifferentiated basis.

Jurisdiction
Australia
Judgment Date
05 February 2001
Procedural Posture
Appeal / Costs Judgment Following Substantive Appeals
Outcome
Costs orders varied in accordance with appellate outcomes on individual claims and cross-claims.
Legal Topics
['costs' 'appeal Procedure' 'contribution and Indemnity' 'false Misrepresentation']
['civil Procedure'] ['costs' 'appeal Procedure' 'contribution and Indemnity' 'false Misrepresentation']

Case Brief

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Procedural Posture

Appeal / Costs Judgment Following Substantive Appeals

Legal Issues

  1. 1 ['How costs should be allocated after success and failure of parties on various interconnected claims and appeals' 'Effect of overlapping or cross-claims (including indemnity and contribution) on cost orders' 'Treatment of costs when success on appeal reverses lower court orders' 'Application of normal costs-follow-event principle where claims partially succeed or fail']

Ratio Decidendi

Cost orders must be made by reference to each separate claim and cross-claim, aligning liability for costs with the outcome on each claim and cross-claim, rather than on a global or undifferentiated basis.

Court Disposition

Costs orders varied in accordance with appellate outcomes on individual claims and cross-claims.

Orders

  • ["Wall Investment pay Big Country's costs of the appeal by Wall Investment." "Order 2(iv) made on 22 September 1997 set aside; Big Country to pay the Walls' costs of its claim against them in proceedings before Bainton J and in their appeal." "Order 3(iii) made on 22 September 1997 so far as it relates to costs set...