Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd (No 2) [2018] NSWCA 177

Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd (No 2) [2018] NSWCA 177

The only relevant event was the applicants' success in obtaining a stay of the respondents' proceedings. Although the Certificates of Employment issue was an alternative ground and in a limited sense severable, it was not determined adversely to the applicants, there was no suggestion that it was unreasonable to raise it, and severability alone did not justify some other costs order under r 42.1. The respondents therefore failed to justify varying the costs order.

Jurisdiction
Australia
Judgment Date
13 August 2018
Procedural Posture
Costs Motion / Court of Appeal, on the Papers, Motion to Vary Costs Order After Principal Appeal Judgment
Outcome
Motion dismissed with costs.
Legal Topics
['party/party Costs' 'costs Follow the Event' 'some Other Order as to Costs' 'severable Issue' 'motion to Vary Order' 'stay of Proceedings' 'arbitration Clause']
['civil Procedure' 'costs'] ['party/party Costs' 'costs Follow the Event' 'some Other Order as to Costs' 'severable Issue' 'motion to Vary Order' 'stay of Proceedings' 'arbitration Clause']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Motion / Court of Appeal, on the Papers, Motion to Vary Costs Order After Principal Appeal Judgment

Legal Issues

  1. 1 ['Whether the costs order should be varied to exclude costs incurred only in relation to the applicability of the arbitration clause in the Certificates of Employment.' "Whether the Court's decision not to determine an alternative ground for a stay justified making some other order for costs rather than ordering costs to follow the event."]

Ratio Decidendi

The only relevant event was the applicants' success in obtaining a stay of the respondents' proceedings. Although the Certificates of Employment issue was an alternative ground and in a limited sense severable, it was not determined adversely to the applicants, there was no suggestion that it was unreasonable to raise it, and severability alone did not justify some other costs order under r 42.1. The respondents therefore failed to justify varying the costs order.

Court Disposition

Motion dismissed with costs.

Orders

  • ['Notice of motion dismissed with costs.']