Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2) [2014] FCAFC 128

Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2) [2014] FCAFC 128

There was no reason to depart from the general principle that costs follow the event; the appellants are to pay the respondents' costs of the appeal.

Parties
First Appellant: Fei Yu trading as Jewels 4 Pools; Second Appellant: Jeffery Stuart McAlister; Third Appellant: Pebble Masters Pty Ltd ACN 087 540 734; Fourth Appellant: Twin Coast Pools Pty Ltd ACN 104 149 484; Fifth Appellant: Melken Developments Pty Ltd trading as Bayside Pools & Paving ACN 052 945 169; Sixth Appellant: Grin Distributions Pty Ltd ACN 133 541 563; First Respondent: Beadcrete Pty Ltd ACN 071 743 961; Second Respondent: Designer Concrete Coatings Pty Ltd ACN 102 760 234; Third Respondent: Buyrite Steel Supplies Pty Ltd ACN 053 173 041; Fourth Respondent: Designerite Pty Ltd ACN 146 670 706
Jurisdiction
Australia
Judgment Date
30 September 2014
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Appellants to pay respondents' costs of the appeal
Legal Topics
Costs
Civil Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Fei Yu trading as Jewels 4 Pools

First Appellant

Jeffery Stuart McAlister

Second Appellant

Pebble Masters Pty Ltd ACN 087 540 734

Third Appellant

Twin Coast Pools Pty Ltd ACN 104 149 484

Fourth Appellant

Melken Developments Pty Ltd trading as Bayside Pools & Paving ACN 052 945 169

Fifth Appellant

Grin Distributions Pty Ltd ACN 133 541 563

Sixth Appellant

Beadcrete Pty Ltd ACN 071 743 961

First Respondent

Designer Concrete Coatings Pty Ltd ACN 102 760 234

Second Respondent

Buyrite Steel Supplies Pty Ltd ACN 053 173 041

Third Respondent

Designerite Pty Ltd ACN 146 670 706

Fourth Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether costs should follow the event after dismissal of the appeal

Ratio Decidendi

There was no reason to depart from the general principle that costs follow the event; the appellants are to pay the respondents' costs of the appeal.

Court Disposition

Appellants to pay respondents' costs of the appeal

Orders

  • The Appellants pay the Respondents' costs of the appeal.