GRUZMAN PTY LTD v BATEMAN and ORS [1996] NSWCA 235

GRUZMAN PTY LTD v BATEMAN and ORS [1996] NSWCA 235

The appeal was manifestly hopeless and withdrawn on the day of hearing. The respondent should be compensated for unnecessary costs caused by the appellant's conduct, justifying an order for costs on a solicitor and client basis and access to security for costs.

Parties
Appellant: Gruzman Pty Ltd; Respondent: Bateman
Jurisdiction
Australia
Judgment Date
17 October 1996
Procedural Posture
Appeal / Costs Determination After Withdrawal of Appeal
Outcome
appeal dismissed; costs awarded on solicitor-client basis; security for costs accessible to respondent
Legal Topics
Solicitor Client Costs, Appeal Withdrawal, Fundamental Breach, Security for Costs
Contract Law Civil Procedure Solicitor Client Costs Appeal Withdrawal Fundamental Breach Security for Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Gruzman Pty Ltd

Appellant

Bateman

Respondent

Procedural Posture

Appeal / Costs Determination After Withdrawal of Appeal

Legal Issues

  1. 1 whether costs should be awarded on a solicitor and client basis after withdrawal of a manifestly hopeless appeal
  2. 2 whether order for costs should include access to security for costs

Ratio Decidendi

The appeal was manifestly hopeless and withdrawn on the day of hearing. The respondent should be compensated for unnecessary costs caused by the appellant's conduct, justifying an order for costs on a solicitor and client basis and access to security for costs.

Court Disposition

appeal dismissed; costs awarded on solicitor-client basis; security for costs accessible to respondent

Orders

  • Appeal dismissed.
  • Appellant to pay respondent's costs of the appeal on a solicitor and client basis.