Winn v Blueprint Instant Printing Pty Ltd (No 3) [2011] FCA 742

Winn v Blueprint Instant Printing Pty Ltd (No 3) [2011] FCA 742

Given the lack of merit in the appeal, repeated unmeritorious applications, and the appellant's conduct, indemnity costs are appropriate; no basis for a stay is established as the appellant failed to formally apply, show relevant grounds, or demonstrate balance of convenience, and prospects for special leave are poor.

Parties
Appellant: Julene Winn; First Respondent: Blueprint Instant Printing Pty Ltd (ACN 005 267 096); Second Respondent: Garland Hawthorn Brahe
Jurisdiction
Australia
Judgment Date
30 June 2011
Procedural Posture
Appeal / Judgment After Appeal Hearing; Costs and Stay Application
Outcome
Appeal dismissed. Costs on an indemnity basis ordered against appellant. No stay of orders granted.
Legal Topics
Costs, Indemnity Costs, Stay of Orders, Appeal Procedure
Bankruptcy Civil Procedure Costs Indemnity Costs Stay of Orders Appeal Procedure

Case Brief

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Parties

Julene Winn

Appellant

Blueprint Instant Printing Pty Ltd (ACN 005 267 096)

First Respondent

Garland Hawthorn Brahe

Second Respondent

Procedural Posture

Appeal / Judgment After Appeal Hearing; Costs and Stay Application

Legal Issues

  1. 1 Whether the appellant should pay the respondents' costs on an indemnity basis
  2. 2 Whether orders should be stayed pending determination of application for special leave to appeal

Ratio Decidendi

Given the lack of merit in the appeal, repeated unmeritorious applications, and the appellant's conduct, indemnity costs are appropriate; no basis for a stay is established as the appellant failed to formally apply, show relevant grounds, or demonstrate balance of convenience, and prospects for special leave are poor.

Court Disposition

Appeal dismissed. Costs on an indemnity basis ordered against appellant. No stay of orders granted.

Orders

  • The appeal be dismissed.
  • The appellant pay the respondents' costs of the appeal, including any reserved costs and the costs of the appellant's application for a stay heard on 23 December 2010, taxed on an indemnity basis and paid in accordance with section 109 of the Bankruptcy Act 1966 (Cth).