Joyce v Grimshaw [2001] FCA 287

Joyce v Grimshaw [2001] FCA 287

As the respondent was successful in obtaining the construction contended for under s 29B of the Crimes Act 1914, and there was no contention from the appellant on costs, the Court exercised its discretion to award costs to the respondent.

Jurisdiction
Australia
Judgment Date
22 March 2001
Procedural Posture
Appeal / Costs Order After Dismissal of Appeal
Outcome
Appellant to pay respondent's costs of and incidental to the appeal on a party and party basis.
Legal Topics
['costs' 'appeal' 'statutory Interpretation']
['criminal Law' 'civil Procedure'] ['costs' 'appeal' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / Costs Order After Dismissal of Appeal

Legal Issues

  1. 1 ['Whether the respondent is entitled to costs of the appeal after being successful in statutory construction issue under s 29B of the Crimes Act 1914.']

Ratio Decidendi

As the respondent was successful in obtaining the construction contended for under s 29B of the Crimes Act 1914, and there was no contention from the appellant on costs, the Court exercised its discretion to award costs to the respondent.

Court Disposition

Appellant to pay respondent's costs of and incidental to the appeal on a party and party basis.

Orders

  • ["The appellant pay the respondent's costs of and incidental to the appeal on a party and party basis." 'In the event that agreement cannot be reached, costs are to be taxed in accordance with O 62 r 4 of the Federal Court Rules.']