Bridge Printery v Mestre (No.2) [1999] NSWCA 449

Bridge Printery v Mestre (No.2) [1999] NSWCA 449

There is no sufficient reason why the respondent should not pay the successful appellant's costs; thus, the respondent is to pay the appellant's costs of the appeal, with liberty to seek a certificate pursuant to the Suitors Fund Act.

Parties
Appellant: Bridge Printery Pty Ltd; Respondent: Jose Mestre
Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Appeal / Post Judgment (costs)
Outcome
Costs awarded to appellant
Legal Topics
Costs, Arbitration (civil Actions) Act 1983
Civil Procedure Costs Arbitration (civil Actions) Act 1983

Case Brief

Summary, issues, holding and outcome

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Parties

Bridge Printery Pty Ltd

Appellant

Jose Mestre

Respondent

Procedural Posture

Appeal / Post Judgment (costs)

Legal Issues

  1. 1 Who should bear the costs of the appeal after partial success and reduction of damages

Ratio Decidendi

There is no sufficient reason why the respondent should not pay the successful appellant's costs; thus, the respondent is to pay the appellant's costs of the appeal, with liberty to seek a certificate pursuant to the Suitors Fund Act.

Court Disposition

Costs awarded to appellant

Orders

  • The respondent pay the appellant's costs of the appeal
  • If qualified, the respondent have a certificate pursuant to the Suitors Fund Act