Agripower Barraba Pty Ltd v Blomfield (No 2) [2015] NSWCA 49

Agripower Barraba Pty Ltd v Blomfield (No 2) [2015] NSWCA 49

Given that each party enjoyed some success and the costs of the motion to adduce further evidence were separately ordered, there is no reason to depart from the previous decision that there be no order as to costs of the appeal apart from awarding costs to respondents for the motion.

Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Appeal / Post Judgment Orders Regarding Costs
Outcome
Motion to adduce further evidence dismissed; respondents awarded costs for motion; no order otherwise as to costs of appeal.
Legal Topics
['costs' 'adducing Further Evidence']
['civil Procedure'] ['costs' 'adducing Further Evidence']

Case Brief

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Procedural Posture

Appeal / Post Judgment Orders Regarding Costs

Legal Issues

  1. 1 ['Appropriate order as to costs of appeal' 'Entitlement to costs of motion to adduce further evidence']

Ratio Decidendi

Given that each party enjoyed some success and the costs of the motion to adduce further evidence were separately ordered, there is no reason to depart from the previous decision that there be no order as to costs of the appeal apart from awarding costs to respondents for the motion.

Court Disposition

Motion to adduce further evidence dismissed; respondents awarded costs for motion; no order otherwise as to costs of appeal.

Orders

  • ["Agripower's motion to adduce further evidence is dismissed." "Agripower pay the respondents' costs of Agripower's motion to adduce further evidence." 'Otherwise there be no order as to the costs of the appeal.']