BARBARO v GAMBACORTAGAMBACORTA v CALABRIA [1988] NSWCA 11

BARBARO v GAMBACORTAGAMBACORTA v CALABRIA [1988] NSWCA 11

The court decided that the appeals be dismissed with costs, and in Mr Barbaro’s appeal, Mr Gambacorta’s costs should include any costs paid by him to Mr Calabria in Mr Gambacorta’s appeal against Mr Calabria, as this order effects substantial justice between the parties and the lateness of joining the third party does not deprive entitlement to protection qua costs.

Parties
Appellant: Barbaro; Respondent/appellant: Gambacorta; Respondent: Calabria
Jurisdiction
Australia
Judgment Date
06 May 1988
Procedural Posture
Appeals / Final Judgment
Outcome
Appeals dismissed with costs.

Case Brief

Summary, issues, holding and outcome

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Parties

Barbaro

Appellant

Gambacorta

Respondent/appellant

Calabria

Respondent

Procedural Posture

Appeals / Final Judgment

Legal Issues

  1. 1 Whether costs should follow the event in these appeals
  2. 2 Whether Mr Gambacorta's belated action to appeal against the Calabria judgment should affect his entitlement to costs

Ratio Decidendi

The court decided that the appeals be dismissed with costs, and in Mr Barbaro’s appeal, Mr Gambacorta’s costs should include any costs paid by him to Mr Calabria in Mr Gambacorta’s appeal against Mr Calabria, as this order effects substantial justice between the parties and the lateness of joining the third party does not deprive entitlement to protection qua costs.

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.