South Pacific Air Motive Pty Ltd v Magnus [1998] FCA 1445

As both sides enjoyed some measure of success and responsibility for procedural difficulties, it was not appropriate to apportion costs by issue or time; each party should bear its or his own costs of the appeal. Earlier costs order set aside with matter remitted to Wilcox J for determination.

Parties: First Appellant: South Pacific Air Motive Pty Limited; Second Appellant: Group Air Pty Limited; First Respondent: Kenneth Magnus; Second Respondent: Civil Aviation Safety Authority; Third Respondent: Airservices Australia
Jurisdiction: Australia
Judgment Date: 13 November 1998
Procedural Posture: Appeal / Judgment on Costs After Appeal
Outcome: Each party to bear its own costs of the appeal. Part of earlier order set aside and question of some costs remitted to original judge.
Legal Topics: Costs, Representative Proceedings

Civil Procedure Costs Representative Proceedings

Case Brief

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Parties

South Pacific Air Motive Pty Limited

First Appellant

Group Air Pty Limited

Second Appellant

Kenneth Magnus

First Respondent

Civil Aviation Safety Authority

Second Respondent

Airservices Australia

Third Respondent

Procedural Posture

Appeal / Judgment on Costs After Appeal

Legal Issues

1 Entitlement to costs where each party has enjoyed partial success in a representative proceeding on appeal
2 Appropriate order regarding earlier costs order at first instance

Ratio Decidendi

Court Disposition

Each party to bear its own costs of the appeal. Part of earlier order set aside and question of some costs remitted to original judge.

Orders

Each party bear its or his own costs of the appeal.
Set aside paragraph 3 of the orders made by Wilcox J on 27 November 1997.