Gladstone Park Shopping Centre Pty Ltd & anor v Ross Wills & ors [1984] FCA 448

Gladstone Park Shopping Centre Pty Ltd & anor v Ross Wills & ors [1984] FCA 448

The trial judge's exercise of discretion in ordering the appellants to pay the costs of the first and second respondents on the cross-claim, in the absence of sufficient reason to depart from the ordinary rule, was correct and not attended by error. The appeal should be dismissed with costs.

Parties
Appellant: Gladstone Park Shopping Centre Pty. Ltd.; Appellant: Hersfield Developments Corporation Pty. Ltd.; First Respondent: Ross Wills; Second Respondent: Ross Wills & Associates Pty. Ltd.; Third Respondent: Rosetta Aristotite
Jurisdiction
Australia
Judgment Date
18 December 1984
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Costs, Third Party Proceedings
Civil Procedure Costs Third Party Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Gladstone Park Shopping Centre Pty. Ltd.

Appellant

Hersfield Developments Corporation Pty. Ltd.

Appellant

Ross Wills

First Respondent

Ross Wills & Associates Pty. Ltd.

Second Respondent

Rosetta Aristotite

Third Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether appellants should be ordered to pay directly the costs of the successful third party.
  2. 2 Proper exercise of discretion in awarding costs pursuant to s.43 of the Federal Court of Australia Act 1976.

Ratio Decidendi

The trial judge's exercise of discretion in ordering the appellants to pay the costs of the first and second respondents on the cross-claim, in the absence of sufficient reason to depart from the ordinary rule, was correct and not attended by error. The appeal should be dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellants pay the costs of the first and second respondents of the appeal.