Coote v Kelly (No 2) [2013] NSWCA 457

Coote v Kelly (No 2) [2013] NSWCA 457

The costs orders as made should not be varied because each party succeeded and failed in different aspects of the appeal by their own choice, and these constituted sufficient 'events' to inform the costs discretion at the appellate stage, making it inappropriate to defer costs of appeal to the outcome of the new trial.

Jurisdiction
Australia
Judgment Date
19 December 2013
Procedural Posture
Appellate / Notice of Motion to Vary Costs Order After Appeal Judgment
Outcome
Appellant's notice of motion to vary costs order dismissed with costs.
Legal Topics
['costs' 'appeal' 'varying Costs Orders']
['civil Procedure'] ['costs' 'appeal' 'varying Costs Orders']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appellate / Notice of Motion to Vary Costs Order After Appeal Judgment

Legal Issues

  1. 1 ['Whether the costs order made on appeal should be varied so that costs of the appeal abide the outcome of the new trial.']

Ratio Decidendi

The costs orders as made should not be varied because each party succeeded and failed in different aspects of the appeal by their own choice, and these constituted sufficient 'events' to inform the costs discretion at the appellate stage, making it inappropriate to defer costs of appeal to the outcome of the new trial.

Court Disposition

Appellant's notice of motion to vary costs order dismissed with costs.

Orders

  • ['Notice of motion filed 8 November 2013 is dismissed with costs.']