Matterson v Sunrise Pools Australia Pty Ltd (No. 2) [2019] NSWCATAP 152

Matterson v Sunrise Pools Australia Pty Ltd (No. 2) [2019] NSWCATAP 152

The appellant is to pay 10% of respondent's costs of the appeal, reflecting the respondent's greater success but recognising the close connection between arguments and partial success. At first instance, the appellant is to pay 62% of respondent's costs, reflecting that respondent succeeded on most but not all...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
20 June 2019
Procedural Posture
Appeal / Costs Determination After Appeal
Outcome
Set aside substantive and costs orders of the Tribunal at first instance; made substituted costs orders against appellant.
Legal Topics
['awarding of Costs' 'measurement of Success on Appeal' 'indemnity Costs' 'costs Following an Aborted Trial' 'cost Consequences After Appeal']
['costs'] ['awarding of Costs' 'measurement of Success on Appeal' 'indemnity Costs' 'costs Following an Aborted Trial' 'cost Consequences After Appeal']

Source-derived case record

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Procedural Posture

Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 ['Whether costs should follow the event after both parties enjoyed success on appeal' 'Appropriate measurement of success for costs determination' 'Entitlement to indemnity costs for respondent' 'Proper costs order when part of trial is re-determined on appeal']

Ratio Decidendi

The appellant is to pay 10% of respondent's costs of the appeal, reflecting the respondent's greater success but recognising the close connection between arguments and partial success. At first instance, the appellant is to pay 62% of respondent's costs, reflecting that respondent succeeded on most but not all issues, giving credit for appellant's ultimate success on the spa leak issue.

Court Disposition

Set aside substantive and costs orders of the Tribunal at first instance; made substituted costs orders against appellant.

Orders

  • ['Set aside Orders 1 and 2 of the Orders made by the Tribunal at first instance on 15 February 2017.' "Appellant is to pay 10% of respondent's costs of the appeal on the ordinary basis, as agreed or assessed; otherwise, parties bear their own costs." "Pursuant to s 81(1) of the Civil and Administrative Tribunal Act,...