Dasreef Pty Limited v Hawchar (No 2) [2010] NSWCA 254

Dasreef Pty Limited v Hawchar (No 2) [2010] NSWCA 254

Given the appellant's very limited success in the appeal (limited to costs), it is just and fair that the appellant pay 85 per cent of the respondent's costs.

Parties
Appellant: Dasreef Pty Limited; Respondent: Nawaf Hawchar
Jurisdiction
Australia
Judgment Date
05 October 2010
Procedural Posture
Appeal / Consequential Orders
Outcome
Order for costs
Legal Topics
Costs, Estoppel
Civil Procedure Costs Estoppel

Case Brief

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Parties

Dasreef Pty Limited

Appellant

Nawaf Hawchar

Respondent

Procedural Posture

Appeal / Consequential Orders

Legal Issues

  1. 1 Proper attribution of costs following partial success on appeal
  2. 2 Effect of issue estoppel on costs orders

Ratio Decidendi

Given the appellant's very limited success in the appeal (limited to costs), it is just and fair that the appellant pay 85 per cent of the respondent's costs.

Court Disposition

Order for costs

Orders

  • Appellant to pay 85 per cent of the costs of the respondent for the appeal.