Galati v Deans (No 2) [2023] NSWCA 252

Galati v Deans (No 2) [2023] NSWCA 252

Because the appellant succeeded on the primary and substantially separate issue concerning beneficial ownership of the shares but failed on the separate cross-claim issue, it was not appropriate for him to recover all appeal costs; treating the primary issue as accounting for about 75% of the appeal and the unsuccessful matter as about 25%, the fair net order was that the respondents pay 50% of the appellant's costs of the appeal. For the trial, the appellant succeeded on the primary issue in his statement of claim but failed on other aspects, so he should recover only part of those costs; interlocutory costs orders and the costs order concerning the fourth amended cross-claim were not...

Jurisdiction
Australia
Judgment Date
24 October 2023
Procedural Posture
Costs Determination in a Civil Appeal / On the Papers Following Judgment in the Appeal
Outcome
Costs orders made for the appeal and for the plaintiff's statement of claim in the Equity Division.
Legal Topics
['costs Following the Event' 'mixed Success on Appeal' 'apportionment of Costs' 'reassessment of Trial Costs' 'trusts and Beneficial Ownership of Shares' 'cross Claim Costs']
['civil Procedure' 'costs' 'equity'] ['costs Following the Event' 'mixed Success on Appeal' 'apportionment of Costs' 'reassessment of Trial Costs' 'trusts and Beneficial Ownership of Shares' 'cross Claim Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Determination in a Civil Appeal / On the Papers Following Judgment in the Appeal

Legal Issues

  1. 1 ['Whether costs of the appeal should follow the event where the appellant had mixed success.' 'How to identify the relevant event or events for costs purposes where the appeal involved separate matters.' "Whether the appellant's unsuccessful challenge concerning the cross-claim required a reduction in appeal costs otherwise recoverable." "Whether costs orders made at trial in the Equity Division should be varied, including costs of the plaintiff's statement of claim, interlocutory costs orders, and costs of the fourth amended cross-claim."]

Ratio Decidendi

Because the appellant succeeded on the primary and substantially separate issue concerning beneficial ownership of the shares but failed on the separate cross-claim issue, it was not appropriate for him to recover all appeal costs; treating the primary issue as accounting for about 75% of the appeal and the unsuccessful matter as about 25%, the fair net order was that the respondents pay 50% of the appellant's costs of the appeal. For the trial, the appellant succeeded on the primary issue in his statement of claim but failed on other aspects, so he should recover only part of those costs; interlocutory costs orders and the costs order concerning the fourth amended cross-claim were not...

Court Disposition

Costs orders made for the appeal and for the plaintiff's statement of claim in the Equity Division.

Orders

  • ["With respect to the costs of the appeal, order that the respondents pay 50% of the appellant's costs in this Court." "With respect to the costs of the plaintiff's statement of claim in the Equity Division, order that the defendants pay 30% of the plaintiff's costs of that proceeding, noting that interlocutory...