Berkeley Challenge Pty Ltd v Howarth (No 2) [2013] NSWCA 429

Berkeley Challenge Pty Ltd v Howarth (No 2) [2013] NSWCA 429

Although the appellant obtained a reduction in the damages award, its success was limited and it failed on significant issues; however, it was not appropriate to deprive it of all costs or order it to pay the respondent's costs. Taking into account the issues on which it was unsuccessful and its limited success on other issues, the respondent should pay 50% of the appellant's costs of the appeal.

Jurisdiction
Australia
Judgment Date
13 December 2013
Procedural Posture
Costs Application in an Appeal Against an Assessment of Damages in Negligence Proceedings / Court of Appeal, on the Papers, After Appeal Judgment
Outcome
Respondent ordered to pay 50% of the appellant's costs of the appeal.
Legal Topics
['costs Following the Event' 'partial Success on Appeal' 'apportionment of Appeal Costs' 'assessment of Damages' 'workplace Injury Damages Under S 151 Z']
['costs' 'negligence' 'damages' 'workers Compensation'] ['costs Following the Event' 'partial Success on Appeal' 'apportionment of Appeal Costs' 'assessment of Damages' 'workplace Injury Damages Under S 151 Z']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs Application in an Appeal Against an Assessment of Damages in Negligence Proceedings / Court of Appeal, on the Papers, After Appeal Judgment

Legal Issues

  1. 1 ['Whether there should be a departure from the usual costs order because the appellant had only limited success on the appeal.' "Whether the respondent should pay the appellant's costs, whether the appellant should be deprived of costs, or whether the appellant should pay part of the respondent's costs." "What apportionment of costs was appropriate having regard to the parties' respective success and failure on the damages appeal."]

Ratio Decidendi

Although the appellant obtained a reduction in the damages award, its success was limited and it failed on significant issues; however, it was not appropriate to deprive it of all costs or order it to pay the respondent's costs. Taking into account the issues on which it was unsuccessful and its limited success on other issues, the respondent should pay 50% of the appellant's costs of the appeal.

Court Disposition

Respondent ordered to pay 50% of the appellant's costs of the appeal.

Orders

  • ["Order the respondent to pay 50% of the appellant's costs of the appeal." 'This is an additional order and no variation is required to the orders made on 8 November 2013.']