EMCL Pty Ltd v Esanda Finance Corp Ltd [1999] FCA 1439

EMCL Pty Ltd v Esanda Finance Corp Ltd [1999] FCA 1439

First appellant to pay respondent's costs of the appeal and applications therein and costs of the cross appeal; trial costs order to be varied by excluding costs attributable to the issue remitted for re-hearing, which are to be determined by the judge hearing that issue.

Jurisdiction
Australia
Judgment Date
22 October 1999
Procedural Posture
Appeal / Post Judgment Orders Regarding Costs
Outcome
Appeal against costs order dismissed; costs order varied in respect of issue remitted.
Legal Topics
['costs' 'appeal Costs']
['civil Procedure'] ['costs' 'appeal Costs']

Case Brief

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Procedural Posture

Appeal / Post Judgment Orders Regarding Costs

Legal Issues

  1. 1 ['Entitlement to costs for appeal and cross appeal' 'Variation of trial costs order to exclude costs attributable to issue remitted']

Ratio Decidendi

First appellant to pay respondent's costs of the appeal and applications therein and costs of the cross appeal; trial costs order to be varied by excluding costs attributable to the issue remitted for re-hearing, which are to be determined by the judge hearing that issue.

Court Disposition

Appeal against costs order dismissed; costs order varied in respect of issue remitted.

Orders

  • ["First appellant to pay respondent's costs of the appeal and applications made therein, and costs of the cross appeal." 'Appeal against the costs order made by Heerey J dismissed, but the order is varied by excluding costs of trial attributable to the issue remitted for re-hearing; these costs to be determined by...