Property Builders Pty Limited v Adelaide Bank Limited (No 2) [2011] NSWCA 329

Property Builders Pty Limited v Adelaide Bank Limited (No 2) [2011] NSWCA 329

Where one party succeeds on appeal and another does not, costs should generally follow the event for each party: Property Builders, unsuccessful, to pay Adelaide Bank's costs at trial and appeal; Mr Phontos, successful, to have his costs paid by Adelaide Bank at trial and appeal; no order needed regarding costs of second and third respondents given their conduct and involvement did not add to proceedings.

Jurisdiction
Australia
Judgment Date
30 November 2011
Procedural Posture
Appeal / Costs Determination on Appeal
Outcome
Orders as to costs made in accordance with the Court's findings.
Legal Topics
['costs' 'multiple Parties' 'costs Follow the Event' 'exercise of Discretion']
['civil Procedure'] ['costs' 'multiple Parties' 'costs Follow the Event' 'exercise of Discretion']

Case Brief

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Procedural Posture

Appeal / Costs Determination on Appeal

Legal Issues

  1. 1 ['How costs should be allocated among multiple parties following appeal outcomes in proceedings involving costs-separated claims.']

Ratio Decidendi

Where one party succeeds on appeal and another does not, costs should generally follow the event for each party: Property Builders, unsuccessful, to pay Adelaide Bank's costs at trial and appeal; Mr Phontos, successful, to have his costs paid by Adelaide Bank at trial and appeal; no order needed regarding costs of second and third respondents given their conduct and involvement did not add to proceedings.

Court Disposition

Orders as to costs made in accordance with the Court's findings.

Orders

  • ['Property Builders Pty Limited to pay the costs of Adelaide Bank Limited both at first instance and on appeal.' "Adelaide Bank Limited to pay Mr Phontos' costs of the proceedings at first instance and on appeal."]