BARBARO v GAMBACORTA GAMBACORTA v CALABRIA [1988] NSWCA 12

BARBARO v GAMBACORTA GAMBACORTA v CALABRIA [1988] NSWCA 12

The late action by Mr Gambacorta to join the third party (Calabria) does not constitute sufficient reason to deprive him of costs protection; costs should follow the event in both appeals.

Parties
Appellant: Barbaro; Respondent/appellant: Gambacorta; Respondent: Calabria
Jurisdiction
Australia
Judgment Date
06 May 1988
Procedural Posture
Appeal / Final Judgment
Outcome
appeals dismissed with costs
Legal Topics
Costs, Apportionment of Liability
Civil Procedure Costs Apportionment of Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Barbaro

Appellant

Gambacorta

Respondent/appellant

Calabria

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 whether costs should follow the event in appeals R75 and R77 of 1983
  2. 2 whether Gambacorta's belated appeal against Calabria judgment should affect the costs order

Ratio Decidendi

The late action by Mr Gambacorta to join the third party (Calabria) does not constitute sufficient reason to deprive him of costs protection; costs should follow the event in both appeals.

Court Disposition

appeals dismissed with costs

Orders

  • Appeals in R75 and R77 of 1983 dismissed with costs.
  • Costs of respondent in appeal in R77 to include any costs paid by that respondent as appellant in the appeal in R75 to the respondent in that appeal in R75.