AMC Caterers Pty Limited & 1 Or v Stavropoulos [2005] NSWCA 79

AMC Caterers Pty Limited & 1 Or v Stavropoulos [2005] NSWCA 79

The smallness of the judgment sum, especially where it does not represent money to be received by the plaintiff, is capable of constituting special circumstances justifying departure from the usual rule that costs follow the event.

Parties
First Claimant: AMC Caterers Pty Limited; Second Claimant: Spak Investments Pty Ltd; Opponent: Georgina Stavropoulos
Jurisdiction
Australia
Judgment Date
15 March 2005
Procedural Posture
Application for Leave to Appeal and Appeal / Court of Appeal Judgment
Outcome
Leave to appeal granted; appeal upheld; claimants' costs order set aside and replaced; opponent to pay claimants' costs; opponent to pay costs of appeal; certificate under Suitors' Fund Act 1951 (NSW) granted if otherwise entitled.
Legal Topics
Costs, Special Circumstances, Negligence
Civil Procedure Costs Special Circumstances Negligence

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Parties

AMC Caterers Pty Limited

First Claimant

Spak Investments Pty Ltd

Second Claimant

Georgina Stavropoulos

Opponent

Procedural Posture

Application for Leave to Appeal and Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the smallness of judgment sum constitutes special circumstances affecting costs order
  2. 2 Whether the claimants should be ordered to pay the opponent's costs given the judgment amount does not represent money received by the opponent

Ratio Decidendi

The smallness of the judgment sum, especially where it does not represent money to be received by the plaintiff, is capable of constituting special circumstances justifying departure from the usual rule that costs follow the event.

Court Disposition

Leave to appeal granted; appeal upheld; claimants' costs order set aside and replaced; opponent to pay claimants' costs; opponent to pay costs of appeal; certificate under Suitors' Fund Act 1951 (NSW) granted if otherwise entitled.

Orders

  • Application for leave to appeal is granted.
  • Appeal is upheld.