Campbell v Backoffice Investments Pty Ltd [No 2] [2009] HCA 36

Campbell v Backoffice Investments Pty Ltd [No 2] [2009] HCA 36

It would not be appropriate to make final orders on costs in relation to the proceedings at trial or in the Court of Appeal, as the ultimate outcome is yet to be determined. Costs of the proceedings in the High Court are awarded to the appellants, and the costs of proceedings in the Court of Appeal and at trial are to be in the discretion of the Court of Appeal.

Parties
Appellants: Douglas Ronald Campbell and Anor; Respondents: Backoffice Investments Pty Ltd and Anor
Jurisdiction
Australia
Judgment Date
23 September 2009
Procedural Posture
Appeal / Post Judgment (costs Order)
Outcome
Respondents to pay appellants' costs of proceedings in the High Court; costs of proceedings in the Court of Appeal and at trial in the discretion of the Court of Appeal.
Legal Topics
Costs
Procedure Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Douglas Ronald Campbell and Anor

Appellants

Backoffice Investments Pty Ltd and Anor

Respondents

Procedural Posture

Appeal / Post Judgment (costs Order)

Legal Issues

  1. 1 Whether the appellants should have their costs of proceedings in the High Court; whether enforcement of the costs order should be deferred; how to deal with costs of proceedings before the Court of Appeal and at trial; whether respondents should be granted a costs certificate under s 6(2) of the Federal Proceedings (Costs) Act 1981 (Cth)

Ratio Decidendi

It would not be appropriate to make final orders on costs in relation to the proceedings at trial or in the Court of Appeal, as the ultimate outcome is yet to be determined. Costs of the proceedings in the High Court are awarded to the appellants, and the costs of proceedings in the Court of Appeal and at trial are to be in the discretion of the Court of Appeal.

Court Disposition

Respondents to pay appellants' costs of proceedings in the High Court; costs of proceedings in the Court of Appeal and at trial in the discretion of the Court of Appeal.

Orders

  • Respondents to pay appellants' costs of the proceedings in this Court.
  • The costs of proceedings in the Court of Appeal of the Supreme Court of New South Wales and of the proceedings at trial be in the discretion of the Court of Appeal.