Coffs Harbour City Council v Backman & Ors (No. 2) [2002] NSWCA 131

Coffs Harbour City Council v Backman & Ors (No. 2) [2002] NSWCA 131

No sufficient grounds were shown to permit the appellant to resile from its agreed undertaking to pay the plaintiff's costs of the appeal as a condition for leave to appeal. The costs order made on 29 June 2001 should not be amended.

Jurisdiction
Australia
Judgment Date
10 May 2002
Procedural Posture
Appeal / Application to Amend Costs Order After Judgment
Outcome
notice of motion dismissed with costs
Legal Topics
['costs' 'notice of Motion']
[] ['costs' 'notice of Motion']

Case Brief

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Procedural Posture

Appeal / Application to Amend Costs Order After Judgment

Legal Issues

  1. 1 ['Whether the court should amend the costs order made on 29 June 2001 pursuant to an undertaking given for leave to appeal']

Ratio Decidendi

No sufficient grounds were shown to permit the appellant to resile from its agreed undertaking to pay the plaintiff's costs of the appeal as a condition for leave to appeal. The costs order made on 29 June 2001 should not be amended.

Court Disposition

notice of motion dismissed with costs

Orders

  • ['Notice of Motion dismissed with costs']