RAYBOS AUSTRALIA Pty Ltd v TECTRAN CORPORATION Pty Ltd [1993] NSWCA 227

RAYBOS AUSTRALIA Pty Ltd v TECTRAN CORPORATION Pty Ltd [1993] NSWCA 227

Where an appellant succeeds on only one of several distinct grounds, it is appropriate to award a proportion of costs reflecting the success, here 75%, and not to include costs of written submissions filed without leave after oral argument.

Parties
Claimant/appellant: Raybos Australia Pty Ltd; Claimant/appellant: Dr Rajski; Opponent/respondent: Tectran Corporation Pty Ltd; Opponent/respondent: 1-8 and 12-13 opponents/respondents; Opponent/respondent: 9-11 opponents/respondents
Jurisdiction
Australia
Judgment Date
08 April 1993
Procedural Posture
Summons for Leave to Appeal and Appeal / Costs Determination Following Appeal Judgment
Outcome
appeal costs apportioned; costs orders made
Legal Topics
Costs, Appeal, Leave to Appeal
Civil Procedure Costs Appeal Leave to Appeal

Case Brief

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Parties

Raybos Australia Pty Ltd

Claimant/appellant

Dr Rajski

Claimant/appellant

Tectran Corporation Pty Ltd

Opponent/respondent

1-8 and 12-13 opponents/respondents

Opponent/respondent

9-11 opponents/respondents

Opponent/respondent

Procedural Posture

Summons for Leave to Appeal and Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 How should costs be apportioned when the appeal succeeds on only one of several grounds?
  2. 2 Should costs be awarded for submissions made without leave after oral argument?

Ratio Decidendi

Where an appellant succeeds on only one of several distinct grounds, it is appropriate to award a proportion of costs reflecting the success, here 75%, and not to include costs of written submissions filed without leave after oral argument.

Court Disposition

appeal costs apportioned; costs orders made

Orders

  • Costs of Raybos and Dr Rajski before Rolfe J are to be their costs in the rehearing of those proceedings.
  • Opponents to pay 75 per cent of claimants' costs in the application for leave; respondents to pay 75 per cent of appellants' costs in the appeal; costs to be borne equally between the specified groups.