Northern Territory v SangareCitation:[2019] HCA 25Before:Kiefel CJ, Bell, Gageler, Keane, Nettle JJDate:14 Aug 2019Case Number:D11/2018Read more

Impecuniosity of the unsuccessful party alone is not a sufficient reason to deny the successful party an order for costs; the appellant is entitled to its costs.

Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: Australia
Judgment Date: 14 August 2019
Procedural Posture: Civil Appeal / Judgment on Costs
Outcome: appellant awarded costs
Legal Topics: Costs, Discretion as to Costs, Impecuniosity, Defamation

Civil Procedure Costs Discretion as to Costs Impecuniosity Defamation

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Respondent

Procedural Posture

Civil Appeal / Judgment on Costs

Legal Issues

1 Whether the impecuniosity of an unsuccessful party can alone justify denying a successful party its costs
2 Whether the appellant is entitled to an order for costs despite the respondent's impecuniosity

Ratio Decidendi

Impecuniosity of the unsuccessful party alone is not a sufficient reason to deny the successful party an order for costs; the appellant is entitled to its costs.

Court Disposition

appellant awarded costs

Orders

Respondent to pay appellant's costs of the proceedings at first instance and on appeal