Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue (No 2) [2014] NSWCA 128

Bondi Beachside Pty Ltd v Chief Commissioner of State Revenue (No 2) [2014] NSWCA 128

Where an appellant succeeds on appeal on a ground not raised below, but preparation and conduct at first instance were reasonable and the new argument was closely related to issues argued below, ordinary costs orders should stand; no injustice or unnecessary costs were demonstrated to warrant departure from the usual rule that costs follow the event.

Parties
First Appellant/first Cross Respondent: Bondi Beachside Pty Ltd; Second Appellant/second Cross Respondent: Bondi Beachside Rebel Pty Ltd; Third Appellant/third Cross Respondent: Bondi Beachside Holdings Pty Ltd; Respondent/cross Appellant: Chief Commissioner of State Revenue
Jurisdiction
Australia
Judgment Date
16 April 2014
Procedural Posture
Civil Appeal / Post Appeal, Costs Determination
Outcome
Notice of motion dismissed with costs.
Legal Topics
Costs on Appeal, Statutory Construction, Variation of Costs Orders
Civil Procedure Costs on Appeal Statutory Construction Variation of Costs Orders

Case Brief

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Parties

Bondi Beachside Pty Ltd

First Appellant/first Cross Respondent

Bondi Beachside Rebel Pty Ltd

Second Appellant/second Cross Respondent

Bondi Beachside Holdings Pty Ltd

Third Appellant/third Cross Respondent

Chief Commissioner of State Revenue

Respondent/cross Appellant

Procedural Posture

Civil Appeal / Post Appeal, Costs Determination

Legal Issues

  1. 1 Whether the respondent should pay costs of first instance where the appellant succeeded on appeal on a point not argued at first instance and respondent succeeded at first instance

Ratio Decidendi

Where an appellant succeeds on appeal on a ground not raised below, but preparation and conduct at first instance were reasonable and the new argument was closely related to issues argued below, ordinary costs orders should stand; no injustice or unnecessary costs were demonstrated to warrant departure from the usual rule that costs follow the event.

Court Disposition

Notice of motion dismissed with costs.

Orders

  • Notice of motion filed on 17 February 2014 dismissed with costs.