COMBINED AUCTIONS PTY LTD v GRAY EISDELL TIMMS PTY LTD (NO 2) [1998] NSWCA 61

COMBINED AUCTIONS PTY LTD v GRAY EISDELL TIMMS PTY LTD (NO 2) [1998] NSWCA 61

Given the appellant's success on the primary issue in the appeal and the division of issues at trial, it was appropriate for the appellant to receive the whole of its costs up to 23 November 1994, half of its trial costs thereafter, and three-quarters of its appeal costs.

Parties
Appellant: Combined Auctions Pty Ltd; Respondent: Gray Eisdell Timms Pty Ltd
Jurisdiction
Australia
Judgment Date
24 February 1998
Procedural Posture
Appeal / Costs Determination After Partial Appeal
Outcome
Costs apportioned as per orders set out: respondent (plaintiff) to pay the costs of the appellant of the trial up to 23 November 1994, one-half of appellant's trial costs after 23 November 1994, and three-quarters of appellant's appeal costs; respondent, if otherwise entitled, to receive a certificate under the...
Legal Topics
Costs Apportionment, Appeal Costs, Trial Costs
Civil Procedure Costs Apportionment Appeal Costs Trial Costs

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 1 Party arguments 2
Sign in to unlock

Parties

Combined Auctions Pty Ltd

Appellant

Gray Eisdell Timms Pty Ltd

Respondent

Procedural Posture

Appeal / Costs Determination After Partial Appeal

Legal Issues

  1. 1 How should the costs of the trial and appeal be apportioned given the partial success of the appeal?

Ratio Decidendi

Given the appellant's success on the primary issue in the appeal and the division of issues at trial, it was appropriate for the appellant to receive the whole of its costs up to 23 November 1994, half of its trial costs thereafter, and three-quarters of its appeal costs.

Court Disposition

Costs apportioned as per orders set out: respondent (plaintiff) to pay the costs of the appellant of the trial up to 23 November 1994, one-half of appellant's trial costs after 23 November 1994, and three-quarters of appellant's appeal costs; respondent, if otherwise entitled, to receive a certificate under the...

Orders

  • The respondent (plaintiff) to pay the costs of the appellant of the trial before Young J up to 23 November 1994.
  • The respondent (plaintiff) to pay one-half of the costs of the appellant of the trial before Young J after 23 November 1994.