Agusta Pty Ltd v Provident Capital Limited (No 2) [2012] NSWCA 354

The grounds on which the appeal was decided were raised and ventilated before the Court; no entirely novel basis was adopted. Therefore, no reason exists to disturb the existing costs order.

Jurisdiction: Australia
Judgment Date: 12 November 2012
Procedural Posture: Appeal / Costs Application Following Judgment
Outcome: Notice of motion dismissed with costs.
Legal Topics: ['costs Order' 'appeal' 'variation of Orders']

['civil Procedure'] ['costs Order' 'appeal' 'variation of Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Application Following Judgment

Legal Issues

1 ['Whether to vary the costs order after appeal outcome was decided on grounds allegedly not raised by appellants']

Ratio Decidendi

The grounds on which the appeal was decided were raised and ventilated before the Court; no entirely novel basis was adopted. Therefore, no reason exists to disturb the existing costs order.

Court Disposition

Notice of motion dismissed with costs.

Orders

['The notice of motion filed on 22 March 2012 is dismissed with costs.']