COASTWIDE STEEL & METAL WORK PTY LIMITED v Jason James DOUGLAS [2008] NSWCA 330

COASTWIDE STEEL & METAL WORK PTY LIMITED v Jason James DOUGLAS [2008] NSWCA 330

The motion to re-open the appeal was refused as the issues concerning the costs order had not been raised or argued during the appeal, and to permit them now would be unfairly prejudicial to the respondent. Parties should not be allowed to abandon points and then seek to revive them after judgment, especially in the absence of a legitimate explanation.

Jurisdiction
Australia
Judgment Date
19 November 2008
Procedural Posture
Appeal / Post Judgment Motion to Re Open Appeal
Outcome
Notice of motion to re-open the appeal is dismissed with costs. Judgment for the respondent in the sum of $162,813.86 with interest calculated under s 101 of the Civil Procedure Act 2005 (NSW) on the outstanding judgment sum after deduction of workers compensation paid after 29 June 2007.
Legal Topics
['appeals' 'costs' 'finality of Litigation' 're Opening of Appeal']
['civil Procedure'] ['appeals' 'costs' 'finality of Litigation' 're Opening of Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment Motion to Re Open Appeal

Legal Issues

  1. 1 ['Whether the appeal should be re-opened to set aside the order as to costs made by the District Court' 'Whether a party may raise new issues or abandoned points after judgment in an appeal, particularly relating to costs']

Ratio Decidendi

The motion to re-open the appeal was refused as the issues concerning the costs order had not been raised or argued during the appeal, and to permit them now would be unfairly prejudicial to the respondent. Parties should not be allowed to abandon points and then seek to revive them after judgment, especially in the absence of a legitimate explanation.

Court Disposition

Notice of motion to re-open the appeal is dismissed with costs. Judgment for the respondent in the sum of $162,813.86 with interest calculated under s 101 of the Civil Procedure Act 2005 (NSW) on the outstanding judgment sum after deduction of workers compensation paid after 29 June 2007.

Orders

  • ['Judgment for the plaintiff (respondent) against the defendant (appellant) in the sum of $162,813.86 (with effect from 29 June 2007)' "Interest after judgment payable under the Civil Procedure Act 2005 (NSW) s 101, calculated as described, with reference to parties' correspondence of 18 September 2008" 'Notice of...