Golden v V’landys (No 2) [2016] NSWCA 350

Golden v V’landys (No 2) [2016] NSWCA 350

Given the appellant's limited success at trial (only successful on the apprehended bias ground) and failure on most other grounds, but in circumstances where he succeeded in having the second decision set aside and the trial was short, the appropriate order is for the respondents to pay 40 per cent of the appellant's trial costs. The application to vary the costs order on appeal was filed out of time and is therefore incompetent under the rules.

Jurisdiction
Australia
Judgment Date
13 December 2016
Procedural Posture
Appeal (costs) / Post Judgment (costs Orders After Appeal Decision)
Outcome
Orders made for respondents to pay 40 per cent of appellant's costs of the trial. V'landys' motion to vary the costs order dismissed as incompetent.
Legal Topics
['costs' 'appeal' 'apportionment of Costs' 'variation of Court Orders']
['civil Procedure'] ['costs' 'appeal' 'apportionment of Costs' 'variation of Court Orders']

Case Brief

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Procedural Posture

Appeal (costs) / Post Judgment (costs Orders After Appeal Decision)

Legal Issues

  1. 1 ['What is the appropriate costs order for the trial where the appeal succeeded only in part and several trial issues were not ventilated on appeal?' "Whether the first respondent's application to vary the costs order of appeal is competent given the time limits under the rules."]

Ratio Decidendi

Given the appellant's limited success at trial (only successful on the apprehended bias ground) and failure on most other grounds, but in circumstances where he succeeded in having the second decision set aside and the trial was short, the appropriate order is for the respondents to pay 40 per cent of the appellant's trial costs. The application to vary the costs order on appeal was filed out of time and is therefore incompetent under the rules.

Court Disposition

Orders made for respondents to pay 40 per cent of appellant's costs of the trial. V'landys' motion to vary the costs order dismissed as incompetent.

Orders

  • ["The respondents pay 40 per cent of the appellant's costs of the trial as agreed or assessed." "The motion dated 21 November 2016 filed by Mr V'landys be dismissed as incompetent."]