Downer EDI Limited v Gillies (No 2) [2012] NSWCA 384

Downer EDI Limited v Gillies (No 2) [2012] NSWCA 384

Mr Gillies was entitled to judgment and costs at first instance without discount reflecting unsuccessful issues, given fundamental failures by Downer on key issues and following authorities. The judgment should be in a form effective from 2 November 2011, with interest calculated accordingly, and with an allocation of 20% of appeal costs to Mr Gillies given the division of success.

Parties
Appellant: Downer EDI Ltd; Respondent: Stephen John Gillies
Jurisdiction
Australia
Judgment Date
30 November 2012
Procedural Posture
Appeal / Consequential Orders After Appeal Judgment
Outcome
Appeal allowed in part. Consequential orders to be provided within seven days. Downer to pay Mr Gillies' first instance costs. Mr Gillies to pay 20% of Downer's costs of the appeal. Other consequential orders made as specified.
Legal Topics
Consequential Orders, Resolution of Orders, Costs, Interest, Judgment Formulation
Civil Procedure Consequential Orders Resolution of Orders Costs Interest Judgment Formulation

Case Brief

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Parties

Downer EDI Ltd

Appellant

Stephen John Gillies

Respondent

Procedural Posture

Appeal / Consequential Orders After Appeal Judgment

Legal Issues

  1. 1 Proper calculation and form of judgment including interest after successful appeal
  2. 2 Allocation of costs for first instance and appeal proceedings

Ratio Decidendi

Mr Gillies was entitled to judgment and costs at first instance without discount reflecting unsuccessful issues, given fundamental failures by Downer on key issues and following authorities. The judgment should be in a form effective from 2 November 2011, with interest calculated accordingly, and with an allocation of 20% of appeal costs to Mr Gillies given the division of success.

Court Disposition

Appeal allowed in part. Consequential orders to be provided within seven days. Downer to pay Mr Gillies' first instance costs. Mr Gillies to pay 20% of Downer's costs of the appeal. Other consequential orders made as specified.

Orders

  • Appeal allowed in part.
  • Set aside the orders made by the Supreme Court on 2 November 2011 and in lieu thereof order: (a) judgment for the plaintiff in the sum of $ [insert]; (b) the defendant pay the plaintiff's costs.