Preston Erection Pty Ltd v Speedy Gantry Hire Pty Ltd [1999] FCA 122

Preston Erection Pty Ltd v Speedy Gantry Hire Pty Ltd [1999] FCA 122

The application to vary the costs orders was refused because the respondent could have argued at the appeal hearing that the appellants should not receive all their trial costs, or could have sought leave to make later submissions on costs, but did neither. There was no proper basis or exceptional circumstance warranting the appeal court setting aside its costs orders after judgment, and the ordinary position was that the successful appellants receive costs of the appeal and trial.

Jurisdiction
Australia
Judgment Date
23 April 1999
Procedural Posture
Application to Vary Costs Orders / After Delivery of Judgment on Appeal
Outcome
Application to vary the Court's orders refused.
Legal Topics
['variation of Costs Orders After Judgment' 'costs Follow the Event' 'costs of Appeal and Trial' 'exceptional Circumstances for Setting Aside Appeal Court Orders']
['practice and Procedure' 'costs'] ['variation of Costs Orders After Judgment' 'costs Follow the Event' 'costs of Appeal and Trial' 'exceptional Circumstances for Setting Aside Appeal Court Orders']

Case Brief

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Procedural Posture

Application to Vary Costs Orders / After Delivery of Judgment on Appeal

Legal Issues

  1. 1 ['Whether the Court should vary costs orders made when judgment was delivered on the appeal.' 'Whether a respondent may seek after judgment to argue for a different costs order where the issue was not raised at the hearing of the appeal.']

Ratio Decidendi

The application to vary the costs orders was refused because the respondent could have argued at the appeal hearing that the appellants should not receive all their trial costs, or could have sought leave to make later submissions on costs, but did neither. There was no proper basis or exceptional circumstance warranting the appeal court setting aside its costs orders after judgment, and the ordinary position was that the successful appellants receive costs of the appeal and trial.

Court Disposition

Application to vary the Court's orders refused.

Orders

  • ["The application to vary the Court's orders be refused." 'The costs of the application for variation be costs of the appeal.']