Café Du Liban Pty Ltd v Bespoke Garage Pty Ltd (No 2) [2017] NSWSC 1232

Café Du Liban Pty Ltd v Bespoke Garage Pty Ltd (No 2) [2017] NSWSC 1232

The appeal was allowed in part; the judgment sum was reduced and judgment entered for Bespoke Garage Pty Ltd in the recalculated amount, but the Local Court's indemnity costs order was not disturbed as the findings justifying a gross sum costs order were undisturbed and no sufficient basis shown for assessment. Each party was ordered to pay their own costs of the proceedings in the Supreme Court as both had substantial success and failure.

Jurisdiction
Australia
Judgment Date
20 September 2017
Procedural Posture
Local Court Appeal / Judgment After Principal Judgment; Determination of Final Orders
Outcome
Appeal allowed in part
Legal Topics
['local Court Appeal' 'judgment Sum' 'assessment of Costs' 'indemnity Costs' 'orders on Appeal']
['civil Procedure' 'costs'] ['local Court Appeal' 'judgment Sum' 'assessment of Costs' 'indemnity Costs' 'orders on Appeal']

Case Brief

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Procedural Posture

Local Court Appeal / Judgment After Principal Judgment; Determination of Final Orders

Legal Issues

  1. 1 ['Appropriate judgment sum following appeal' 'Whether gross sum costs order in Local Court should be disturbed' 'How costs of appeal should be allocated']

Ratio Decidendi

The appeal was allowed in part; the judgment sum was reduced and judgment entered for Bespoke Garage Pty Ltd in the recalculated amount, but the Local Court's indemnity costs order was not disturbed as the findings justifying a gross sum costs order were undisturbed and no sufficient basis shown for assessment. Each party was ordered to pay their own costs of the proceedings in the Supreme Court as both had substantial success and failure.

Court Disposition

Appeal allowed in part

Orders

  • ['The judgment entered in the Local Court on 19 August 2016 in proceedings no 2015/308817 be set aside and in lieu thereof order judgment for Bespoke Garage Pty Ltd against Café Du Liban Pty Ltd and Dorothy Krahe in the sum of $40,798.09.' 'The proceedings be otherwise dismissed.' 'Each party pay their own costs of...