Getex Pty Limited v Reed Business Information Pty Limited and ors [No 2] [2013] NSWSC 1271

Getex Pty Limited v Reed Business Information Pty Limited and ors [No 2] [2013] NSWSC 1271

The plaintiff succeeded in establishing that the Magistrate's reasons in respect of the appeal claims were inadequate; thus, the plaintiff's costs of the appeal should be paid by the second defendant without reduction. The proportionality and quantum arguments did not outweigh the principle that costs follow the event. As the precise outcome of all matters on remitter is yet unknown, the costs of the Local Court proceedings should be left to the Magistrate's discretion on final determination.

Jurisdiction
Australia
Judgment Date
06 September 2013
Procedural Posture
Appeal / Post Judgment: Costs Determination Following Appeal and Cross Appeal
Outcome
Orders as to costs made: second defendant to pay plaintiff's costs of the appeal, certificates under Suitors Fund Act 1951 if qualified, plaintiff to pay second defendant's costs of the cross-appeal, and costs of proceedings in Local Court at the Magistrate's discretion.
Legal Topics
['costs' 'appeals' 'cross Appeals' 'discretion' 'suitors Fund Certificates']
['civil Procedure'] ['costs' 'appeals' 'cross Appeals' 'discretion' 'suitors Fund Certificates']

Case Brief

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Procedural Posture

Appeal / Post Judgment: Costs Determination Following Appeal and Cross Appeal

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to the entirety of the costs of the appeal' 'Whether each party should be granted a Suitors Fund Act 1951 certificate' 'Whether the costs of the proceedings in the Local Court should follow the event of the further hearing']

Ratio Decidendi

The plaintiff succeeded in establishing that the Magistrate's reasons in respect of the appeal claims were inadequate; thus, the plaintiff's costs of the appeal should be paid by the second defendant without reduction. The proportionality and quantum arguments did not outweigh the principle that costs follow the event. As the precise outcome of all matters on remitter is yet unknown, the costs of the Local Court proceedings should be left to the Magistrate's discretion on final determination.

Court Disposition

Orders as to costs made: second defendant to pay plaintiff's costs of the appeal, certificates under Suitors Fund Act 1951 if qualified, plaintiff to pay second defendant's costs of the cross-appeal, and costs of proceedings in Local Court at the Magistrate's discretion.

Orders

  • ["The second defendant is to pay the plaintiff's costs of the appeal, as agreed or assessed." 'The second defendant, if qualified, is to be granted a certificate pursuant to the Suitors Fund Act 1951 in respect of the costs in (i) above.' "The plaintiff is to pay the second defendant's costs of the cross-appeal, as...