Australian Beverage Distributors v The Redrock Co [2008] NSWCA 200

Australian Beverage Distributors v The Redrock Co [2008] NSWCA 200

The decision to depart from the principle that costs follow the event was supported by the judge's reasoning as a whole, and the orders made regarding costs were within the court's discretion given the circumstances. Applicant had the opportunity to address costs and failed to do so. No question of principle or error warranting leave to appeal was demonstrated.

Parties
Applicant: Australian Beverage Distributors Pty Ltd; Respondent: The Redrock Co Pty Ltd
Jurisdiction
Australia
Judgment Date
06 August 2008
Procedural Posture
Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Costs Judgments
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Costs, Leave to Appeal, Practice and Procedure, Winding Up Proceedings, Summary Disposal, Assignment of Debt, Issue Estoppel
Civil Procedure Costs Leave to Appeal Practice and Procedure Winding Up Proceedings Summary Disposal Assignment of Debt Issue Estoppel

Case Brief

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Parties

Australian Beverage Distributors Pty Ltd

Applicant

The Redrock Co Pty Ltd

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Application for Leave to Appeal From Costs Judgments

Legal Issues

  1. 1 Whether reasons were given for departure from the principle that costs follow the event
  2. 2 Whether the applicant was heard regarding the costs order
  3. 3 Relevance of Uniform Civil Procedure Rules r 36.11

Ratio Decidendi

The decision to depart from the principle that costs follow the event was supported by the judge's reasoning as a whole, and the orders made regarding costs were within the court's discretion given the circumstances. Applicant had the opportunity to address costs and failed to do so. No question of principle or error warranting leave to appeal was demonstrated.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Application for leave to appeal dismissed with costs.