BAGNALL and ANOR v DJAKOVIC [1994] NSWCA 46

BAGNALL and ANOR v DJAKOVIC [1994] NSWCA 46

The only appropriate costs order is to award the respondent her costs of the appeal only for the period between 18 November 1991 and 27 February 1992, as no relief was sought against her in the appeal thereafter and the position communicated by the appellant's solicitors was reasonable.

Parties
Appellant: Bagnall; Respondent: Djakovic
Jurisdiction
Australia
Judgment Date
30 August 1994
Procedural Posture
Appeal / Costs Determination Post Leave to Discontinue
Outcome
Appellant granted leave to discontinue. Respondent awarded costs of the appeal for the period between 18 November 1991 and 27 February 1992 only.

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 Party arguments 2
Sign in to unlock

Parties

Bagnall

Appellant

Djakovic

Respondent

Procedural Posture

Appeal / Costs Determination Post Leave to Discontinue

Legal Issues

  1. 1 Appropriate order for costs upon appellant's discontinuance after leave to appeal

Ratio Decidendi

The only appropriate costs order is to award the respondent her costs of the appeal only for the period between 18 November 1991 and 27 February 1992, as no relief was sought against her in the appeal thereafter and the position communicated by the appellant's solicitors was reasonable.

Court Disposition

Appellant granted leave to discontinue. Respondent awarded costs of the appeal for the period between 18 November 1991 and 27 February 1992 only.

Orders

  • Respondent have her costs of the appeal for the period between 18 November 1991 and 27 February 1992