Mikhail v JJ Built This Pty Ltd (No 2) [2021] NSWCATAP 213

Mikhail v JJ Built This Pty Ltd (No 2) [2021] NSWCATAP 213

Both parties had partial success on appeal; the usual order for costs cancels out and there was no disentitling conduct by the appellant to warrant departing from the order that each party bear their own costs.

Jurisdiction
Australia
Judgment Date
14 July 2021
Procedural Posture
Appeal / Costs Decision After Substantive Appeal
Outcome
Each party to pay his and its own costs of the appeal
Legal Topics
['costs']
['civil Procedure'] ['costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Decision After Substantive Appeal

Legal Issues

  1. 1 ['Whether either party should be ordered to pay the costs of the appeal or whether each should bear their own costs']

Ratio Decidendi

Both parties had partial success on appeal; the usual order for costs cancels out and there was no disentitling conduct by the appellant to warrant departing from the order that each party bear their own costs.

Court Disposition

Each party to pay his and its own costs of the appeal

Orders

  • ['A hearing on costs is dispensed with.' 'Each party is to pay his and its own costs of the appeal.']