BRAY v WHITBY [1993] NSWCA 35

BRAY v WHITBY [1993] NSWCA 35

Although the appellant formally succeeded on the Gogic point in the appeal, because the respondent succeeded on all substantial issues and the Gogic point was conceded and uncontested, the appellant should pay the whole of the respondent's costs of the appeal.

Parties
Appellant: Bray; Respondent: Whitby
Jurisdiction
Australia
Judgment Date
20 May 1993
Procedural Posture
Appeal / Post Judgment Application for Costs
Outcome
Appellant to pay respondent's costs of the appeal in toto, including costs of today's application; original judgment varied to the extent necessary.
Legal Topics
Costs on Appeal, Interest (gogic Principle)
Civil Procedure Costs on Appeal Interest (gogic Principle)

Case Brief

Summary, issues, holding and outcome

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Parties

Bray

Appellant

Whitby

Respondent

Procedural Posture

Appeal / Post Judgment Application for Costs

Legal Issues

  1. 1 Which party should pay the costs of the appeal when the appellant succeeded on the Gogic point but failed on the substantive issues

Ratio Decidendi

Although the appellant formally succeeded on the Gogic point in the appeal, because the respondent succeeded on all substantial issues and the Gogic point was conceded and uncontested, the appellant should pay the whole of the respondent's costs of the appeal.

Court Disposition

Appellant to pay respondent's costs of the appeal in toto, including costs of today's application; original judgment varied to the extent necessary.

Orders

  • Appellant to pay the respondent's costs of the appeal in toto
  • Costs include the costs of today's proceedings