HOUATCHANTHARA v BEDNARCZYK [1996] NSWCA 253

HOUATCHANTHARA v BEDNARCZYK [1996] NSWCA 253

The trial judge's discretion miscarried because no exceptional circumstances were present to justify departure from the general rule established by District Court Rule Pt19A r9(6), and the general rule should have been applied as per Hillier v Sheather.

Parties
Claimant: HOUATCHANTHARA; Opponent: BEDNARCZYK
Jurisdiction
Australia
Judgment Date
14 October 1996
Procedural Posture
Appeal / Leave to Appeal and Full Appeal Decided
Outcome
leave to appeal granted, appeal allowed
Legal Topics
District Court Rules, Costs Orders, Appeals
Civil Procedure Costs District Court Rules Costs Orders Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

HOUATCHANTHARA

Claimant

BEDNARCZYK

Opponent

Procedural Posture

Appeal / Leave to Appeal and Full Appeal Decided

Legal Issues

  1. 1 Whether the trial judge erred by not applying District Court Rule Pt19A r9(6) in making the costs order
  2. 2 Whether there were exceptional circumstances justifying departure from the rule on costs

Ratio Decidendi

The trial judge's discretion miscarried because no exceptional circumstances were present to justify departure from the general rule established by District Court Rule Pt19A r9(6), and the general rule should have been applied as per Hillier v Sheather.

Court Disposition

leave to appeal granted, appeal allowed

Orders

  • Costs order of Judge Hughes set aside
  • Claimant to pay opponent's costs of proceedings until 30 July 1996