Gilberg v Maritime Super Pty Ltd (No. 2) [2009] NSWCA 394

Gilberg v Maritime Super Pty Ltd (No. 2) [2009] NSWCA 394

Both parties bear some responsibility for incurring costs at first instance: the respondent for denying power to reconsider the appellant’s application, giving rise to proceedings; and the appellant for less than reasonable participation in settlement negotiations. Therefore, no order as to costs at first instance. As regards the appeal, costs follow the event, as the appellant had to bring the appeal to obtain relief, and there was no further offer from the respondent.

Jurisdiction
Australia
Judgment Date
03 December 2009
Procedural Posture
Appeal / Consequential Orders After Substantive Appeal Decision
Outcome
No order as to costs at first instance. Respondent to pay appellant's costs of the appeal.
Legal Topics
['costs' 'settlement Negotiations' 'trusts']
['civil Procedure'] ['costs' 'settlement Negotiations' 'trusts']

Case Brief

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Procedural Posture

Appeal / Consequential Orders After Substantive Appeal Decision

Legal Issues

  1. 1 ['Appropriate orders for costs at first instance and on appeal where relief obtained was substantially less than sought and participation in settlement negotiations was less than reasonable']

Ratio Decidendi

Both parties bear some responsibility for incurring costs at first instance: the respondent for denying power to reconsider the appellant’s application, giving rise to proceedings; and the appellant for less than reasonable participation in settlement negotiations. Therefore, no order as to costs at first instance. As regards the appeal, costs follow the event, as the appellant had to bring the appeal to obtain relief, and there was no further offer from the respondent.

Court Disposition

No order as to costs at first instance. Respondent to pay appellant's costs of the appeal.

Orders

  • ['No order as to costs at first instance, to the intent that each party bear its own costs.' "The respondent to pay the appellant's costs of the appeal."]