J P Morgan Trust Australia Limited v Siahos (No 2) [2009] NSWSC 1168

J P Morgan Trust Australia Limited v Siahos (No 2) [2009] NSWSC 1168

The usual order that costs follow the event should be made, as the issue on which the defendants succeeded was sufficiently raised at first instance, and there was no indication the plaintiff would have conceded if the issue had been formulated differently earlier.

Jurisdiction
Australia
Judgment Date
04 November 2009
Procedural Posture
Consequential Orders / Post Appeal Costs Determination
Outcome
Plaintiff ordered to pay defendants' costs of the hearing before the trial judge, including present argument.
Legal Topics
['costs' 'appeal' 'mortgage' 'power of Attorney']
['civil Procedure'] ['costs' 'appeal' 'mortgage' 'power of Attorney']

Case Brief

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Procedural Posture

Consequential Orders / Post Appeal Costs Determination

Legal Issues

  1. 1 ["Whether the plaintiff should pay the defendants' costs of the hearing at first instance given the outcome of the appeal and the conduct of the proceedings"]

Ratio Decidendi

The usual order that costs follow the event should be made, as the issue on which the defendants succeeded was sufficiently raised at first instance, and there was no indication the plaintiff would have conceded if the issue had been formulated differently earlier.

Court Disposition

Plaintiff ordered to pay defendants' costs of the hearing before the trial judge, including present argument.

Orders

  • ["The plaintiff pay the defendants' costs of the hearing before me, including the costs of the present argument."]