COLOMBO AND ORS v WALSH AND ORS [1997] NSWCA 70

COLOMBO AND ORS v WALSH AND ORS [1997] NSWCA 70

Leave to discontinue the appeal is granted, third opponent to pay claimant's/appellant's costs of the appeal, but only to the extent of costs relating to drafting a notice of appeal equivalent to a notice of cross-appeal; no order as to costs of the motion.

Parties
Appellant: Colombo and Ors; Third Respondent/opponent: Walsh and Ors
Jurisdiction
Australia
Judgment Date
24 November 1997
Procedural Posture
Appeal / Motion for Leave to Discontinue Appeal
Outcome
leave to discontinue granted; limited costs order; no order as to costs of the motion
Legal Topics
Discontinuance of Proceeding, Protective Appeals, Costs Assessment
Civil Procedure Costs Discontinuance of Proceeding Protective Appeals Costs Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Colombo and Ors

Appellant

Walsh and Ors

Third Respondent/opponent

Procedural Posture

Appeal / Motion for Leave to Discontinue Appeal

Legal Issues

  1. 1 Should leave to discontinue the appeal be granted?
  2. 2 Should the third respondent pay the claimant's/appellant's costs of the appeal and the motion?

Ratio Decidendi

Leave to discontinue the appeal is granted, third opponent to pay claimant's/appellant's costs of the appeal, but only to the extent of costs relating to drafting a notice of appeal equivalent to a notice of cross-appeal; no order as to costs of the motion.

Court Disposition

leave to discontinue granted; limited costs order; no order as to costs of the motion

Orders

  • Appellant granted leave to discontinue appeal.
  • Third opponent to pay claimant's/appellant's costs of the appeal, limited to costs relating to drafting a notice of appeal as could have been done by way of cross-appeal.