Dynasty Pty Ltd v Coombs [1995] FCA 766

Despite deficiencies in the Notice of Appeal, this was not a case warranting indemnity costs; the usual order that the successful party have its costs on a party and party basis applies.

Jurisdiction: Australia
Judgment Date: 26 September 1995
Procedural Posture: Appeal / Judgment and Orders on Appeal
Outcome: appeal dismissed
Legal Topics: ['costs' 'appeal Procedure' 'indemnity Costs']

['civil Procedure'] ['costs' 'appeal Procedure' 'indemnity Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment and Orders on Appeal

Legal Issues

1 ["Whether the appellants should pay the respondent's costs of the appeal on an indemnity basis rather than the usual party and party basis"]

Ratio Decidendi

Despite deficiencies in the Notice of Appeal, this was not a case warranting indemnity costs; the usual order that the successful party have its costs on a party and party basis applies.

Court Disposition

appeal dismissed

Orders

['The appeal be dismissed.' "The appellants pay the respondent's costs of the appeal, to be taxed if not agreed."]