Cargill Australia Limited v Higginson (No.2) (EOD) [2002] NSWADTAP 33
There are no special circumstances justifying an award of costs in this appeal. The appeal was not summarily dismissed and raised important questions of law that were not free from doubt, so the general rule prevails and no order as to costs is to be made.
- Jurisdiction
- Australia
- Judgment Date
- 18 October 2002
- Procedural Posture
- Appeal / Decision on Costs
- Outcome
- no order as to costs
- Legal Topics
- ['costs' 'appeal From Tribunal Decision']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Decision on Costs
Legal Issues
- 1 ['Whether there are special circumstances warranting an award of costs in appeal proceedings']
Ratio Decidendi
There are no special circumstances justifying an award of costs in this appeal. The appeal was not summarily dismissed and raised important questions of law that were not free from doubt, so the general rule prevails and no order as to costs is to be made.
Court Disposition
no order as to costs
Orders
- ['No order as to costs']
Full Case Text
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