Battle v Bundagen Co-operative Ltd (No 3) [2011] NSWCA 83

Battle v Bundagen Co-operative Ltd (No 3) [2011] NSWCA 83

Although Mr Battle obtained orders in his favour at first instance and on appeal, he failed on many discrete natural justice grounds and other issues that took considerable time and caused the Co-operative expense. At first instance, because Mr Battle was unrepresented and the Co-operative incurred substantial expense meeting unsuccessful discrete issues, each party should bear its own costs. On appeal, despite the Co-operative having to answer unsuccessful grounds and arguments, the hearing was completed within one day, so the Co-operative should pay two-thirds of Mr Battle's appeal costs and have a Suitors' Fund Act certificate if otherwise eligible.

Jurisdiction
Australia
Judgment Date
08 April 2011
Procedural Posture
Costs / Costs Submissions on the Papers After Appeal Judgment
Outcome
Costs orders made; each party to bear its own costs at first instance, and the Co-operative to pay two-thirds of Mr Battle's appeal costs with a Suitors' Fund Act certificate if otherwise eligible.
Legal Topics
['costs' 'costs Where Successful Party Failed on Discrete Issues' "suitors' Fund Certificate"]
['civil Procedure'] ['costs' 'costs Where Successful Party Failed on Discrete Issues' "suitors' Fund Certificate"]

Case Brief

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Procedural Posture

Costs / Costs Submissions on the Papers After Appeal Judgment

Legal Issues

  1. 1 ['What costs orders should be made for the first instance proceedings and the appeal after Mr Battle obtained orders in his favour.' 'Whether costs should be reduced or varied because Mr Battle raised discrete issues and arguments on which he failed.']

Ratio Decidendi

Although Mr Battle obtained orders in his favour at first instance and on appeal, he failed on many discrete natural justice grounds and other issues that took considerable time and caused the Co-operative expense. At first instance, because Mr Battle was unrepresented and the Co-operative incurred substantial expense meeting unsuccessful discrete issues, each party should bear its own costs. On appeal, despite the Co-operative having to answer unsuccessful grounds and arguments, the hearing was completed within one day, so the Co-operative should pay two-thirds of Mr Battle's appeal costs and have a Suitors' Fund Act certificate if otherwise eligible.

Court Disposition

Costs orders made; each party to bear its own costs at first instance, and the Co-operative to pay two-thirds of Mr Battle's appeal costs with a Suitors' Fund Act certificate if otherwise eligible.

Orders

  • ['Each party to bear its own costs of the first instance proceedings.' "The Co-operative to pay two-thirds of Mr Battle's costs of the appeal, and to have a certificate under the Suitors' Fund Act if otherwise eligible."]