TATLI v CHRISTIANSEN [1988] NSWCA 154

TATLI v CHRISTIANSEN [1988] NSWCA 154

It is just that the claimants have half of the costs of the appeal and cross-appeal, reflecting partial success and proper allocation given the issues litigated and determined.

Parties
Claimant: Tatli; Opponent: Christiansen
Jurisdiction
Australia
Judgment Date
28 March 1988
Procedural Posture
Appeal / Remitted for Costs Determination Following High Court Appeal
Outcome
Claimants awarded half of the costs of the appeal and cross-appeal; opponent granted certificate under Suitors Fund Act 1951; claimants awarded costs of the motion.
Legal Topics
Costs, Future Economic Loss, Appeal, Suitors Fund Act
Civil Procedure Costs Future Economic Loss Appeal Suitors Fund Act

Case Brief

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Parties

Tatli

Claimant

Christiansen

Opponent

Procedural Posture

Appeal / Remitted for Costs Determination Following High Court Appeal

Legal Issues

  1. 1 Proper determination and adjustment of costs following a High Court decision which altered the judgment sum
  2. 2 Application of legal principles regarding costs allocation when there are multiple issues and partial success
  3. 3 Interpretation of discount rates for future economic loss and their effect on damages

Ratio Decidendi

It is just that the claimants have half of the costs of the appeal and cross-appeal, reflecting partial success and proper allocation given the issues litigated and determined.

Court Disposition

Claimants awarded half of the costs of the appeal and cross-appeal; opponent granted certificate under Suitors Fund Act 1951; claimants awarded costs of the motion.

Orders

  • Opponent to pay half of the costs of the claimants of the appeal and cross-appeal
  • Opponent to have a certificate under the Suitors Fund Act 1951 in respect of the costs of the appeal to this Court and the costs of the appeal to the High Court of Australia