Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266

Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266

Cellarit’s partial success on appeal and respondents’ vindication of reversal/overcharging claims warranted costs orders reflecting respective outcomes. General rule that costs follow the event applied for trial, but appeal costs were apportioned (respondents to pay 80% of Cellarit’s appeal costs). Funds paid in as security for costs were not ordered to be used to discharge judgment debts; they were returned to Cellarit.

Jurisdiction
Australia
Judgment Date
12 November 2018
Procedural Posture
Appeal and Cross Appeal / Post Judgment (costs and Final Orders)
Outcome
Judgment for Cawarrah Holdings Pty Ltd and Crusader Pty Ltd (ACN 094 092 734) for specified sums with pre-judgment interest; costs orders as specified; payout of funds in court; motion dismissed.
Legal Topics
['costs' 'appeal' 'cross Appeal' 'payment Into Court' 'contract – Variation' 'disentitling Conduct']
['civil Procedure'] ['costs' 'appeal' 'cross Appeal' 'payment Into Court' 'contract – Variation' 'disentitling Conduct']

Case Brief

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Procedural Posture

Appeal and Cross Appeal / Post Judgment (costs and Final Orders)

Legal Issues

  1. 1 ['Whether costs of trial should follow the event' 'Proper apportionment and responsibility for costs between parties given outcome and issues' 'Application of late amendment principle' 'Whether disentitling conduct by plaintiff warrants departure from usual costs order' 'Whether funds paid into court as security for costs may be used for another purpose']

Ratio Decidendi

Cellarit’s partial success on appeal and respondents’ vindication of reversal/overcharging claims warranted costs orders reflecting respective outcomes. General rule that costs follow the event applied for trial, but appeal costs were apportioned (respondents to pay 80% of Cellarit’s appeal costs). Funds paid in as security for costs were not ordered to be used to discharge judgment debts; they were returned to Cellarit.

Court Disposition

Judgment for Cawarrah Holdings Pty Ltd and Crusader Pty Ltd (ACN 094 092 734) for specified sums with pre-judgment interest; costs orders as specified; payout of funds in court; motion dismissed.

Orders

  • ['Judgment entered for Cawarrah Holdings Pty Ltd in sum of $36,631.16, plus pre-judgment interest, effective from 13 November 2017 upon parties providing interest figure and total amount.' 'Judgment entered for Crusader Pty Ltd (ACN 094 092 734) in sum of $79,704.98, plus pre-judgment interest, effective from 13...