James Spittles v Michael's Appliance Services Pty Ltd & Ors [No 2] [2008] NSWCA 232

James Spittles v Michael's Appliance Services Pty Ltd & Ors [No 2] [2008] NSWCA 232

The appellant unnecessarily joined the second and third respondents to the appeal without seeking relief against them, thereby justifying their appearance and entitlement to costs.

Parties
Appellant: James Spittles; First Respondent: Michael's Appliance Services Pty Ltd; Second Respondent: Maytag (Australia) Pty Ltd; Third Respondent: Austmont Catering Equipment Pty Ltd
Jurisdiction
Australia
Judgment Date
29 September 2008
Procedural Posture
Appeal / Post Judgment Costs Order
Outcome
Appellant ordered to pay the costs of the second and third respondents
Legal Topics
Costs Orders, Joinder of Parties
Costs Costs Orders Joinder of Parties

Case Brief

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Parties

James Spittles

Appellant

Michael's Appliance Services Pty Ltd

First Respondent

Maytag (Australia) Pty Ltd

Second Respondent

Austmont Catering Equipment Pty Ltd

Third Respondent

Procedural Posture

Appeal / Post Judgment Costs Order

Legal Issues

  1. 1 Whether the appellant should pay the costs of the second and third respondents for appearing in the appeal when no relief was sought against them

Ratio Decidendi

The appellant unnecessarily joined the second and third respondents to the appeal without seeking relief against them, thereby justifying their appearance and entitlement to costs.

Court Disposition

Appellant ordered to pay the costs of the second and third respondents

Orders

  • Appellant to pay the second respondent's costs of the appeal, including the present application
  • Appellant to pay the third respondent's costs of the appeal, including the present application