Jones v Trad (No 3) [2013] NSWCA 463

Jones v Trad (No 3) [2013] NSWCA 463

The ordinary rule that costs follow the event should apply to the appeal, as the successful parties were not wholly unsuccessful on dominant or separable issues, nor were there exceptional circumstances justifying departure. A Calderbank offer was made and involved an element of compromise, but it was not unreasonable for the respondent to refuse it; indemnity costs are therefore not warranted. The Appeal Panel's costs order is to be set aside consequential on the substantive appeal result.

Jurisdiction
Australia
Judgment Date
18 December 2013
Procedural Posture
Appeal / Determination of Costs After Substantive Appeal Judgment
Outcome
Costs orders made: respondent to pay appellants' costs of the appeal on the ordinary basis except for costs of application for redaction; Appeal Panel's costs order set aside and costs question remitted for determination.
Legal Topics
['costs' 'appeals' 'anti Discrimination']
['civil Procedure'] ['costs' 'appeals' 'anti Discrimination']

Case Brief

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Procedural Posture

Appeal / Determination of Costs After Substantive Appeal Judgment

Legal Issues

  1. 1 ['Whether costs of the appeal should follow the event where the appellants succeeded on only limited grounds' 'Whether indemnity costs should be ordered on the basis of a rejected offer of settlement' 'Whether leave is required to appeal on the issue of costs pursuant to s 119(1A) Administrative Decisions Tribunal Act 1997 (NSW)']

Ratio Decidendi

The ordinary rule that costs follow the event should apply to the appeal, as the successful parties were not wholly unsuccessful on dominant or separable issues, nor were there exceptional circumstances justifying departure. A Calderbank offer was made and involved an element of compromise, but it was not unreasonable for the respondent to refuse it; indemnity costs are therefore not warranted. The Appeal Panel's costs order is to be set aside consequential on the substantive appeal result.

Court Disposition

Costs orders made: respondent to pay appellants' costs of the appeal on the ordinary basis except for costs of application for redaction; Appeal Panel's costs order set aside and costs question remitted for determination.

Orders

  • ["Respondent to pay the appellants' costs of the appeal on an ordinary basis, other than the appellants' costs of the application by the appellants for a redaction of certain portions of the published reasons." "Set aside the Appeal Panel's costs order of 18 March 2013 and remit the question of costs on the Appeal...