Hansen Yuncken Pty Ltd v Costopoulos (No 2) [2005] NSWIRComm 52

Hansen Yuncken Pty Ltd v Costopoulos (No 2) [2005] NSWIRComm 52

The appellant is entitled to costs of the appeal, limited to counsel's fees, as there is no evidence of disentitling conduct. There is no order as to costs at first instance, and the respondent is entitled to a Suitors' Fund certificate as a question of law was involved.

Jurisdiction
Australia
Judgment Date
23 March 2005
Procedural Posture
Appeal / Judgment on Costs
Outcome
appellant awarded costs of appeal; respondent awarded Suitors' Fund certificate; no order as to costs at first instance
Legal Topics
['costs' 'appeal' "suitors' Fund Certificate"]
['industrial Relations'] ['costs' 'appeal' "suitors' Fund Certificate"]

Case Brief

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Procedural Posture

Appeal / Judgment on Costs

Legal Issues

  1. 1 ['Whether appellant is entitled to costs at first instance and costs of the appeal' "Whether respondent is entitled to a certificate under s 6 of the Suitors' Fund Act 1951"]

Ratio Decidendi

The appellant is entitled to costs of the appeal, limited to counsel's fees, as there is no evidence of disentitling conduct. There is no order as to costs at first instance, and the respondent is entitled to a Suitors' Fund certificate as a question of law was involved.

Court Disposition

appellant awarded costs of appeal; respondent awarded Suitors' Fund certificate; no order as to costs at first instance

Orders

  • ["The respondent shall pay the appellant's costs of the appeal, to be assessed in default of agreement." "The respondent shall have a certificate pursuant to the provisions of s 6 of the Suitors' Fund Act 1951." 'There shall be no order as to the costs of the proceedings at first instance.']