Goulding v Kirby [2003] NSWCA 214

Goulding v Kirby [2003] NSWCA 214

Given the procedural background, the timing of the respondent's challenge to competency, the content and timing of the Calderbank letter, and each party's partial success, costs should be awarded on a party/party basis to the respondent for the summons for leave to appeal and the appeal hearings (with limited exceptions), but the respondent must pay the appellants' costs relating to certain appeal book preparations and the Notice of Motion of 10 July 2002.

Jurisdiction
Australia
Judgment Date
05 August 2003
Procedural Posture
Costs Determination / Post Appeal, Costs Decision Following Refusal of Leave to Appeal
Outcome
Costs orders made apportioning costs between appellants and respondent as set out in final orders; no order as to costs concerning costs submissions.
Legal Topics
['costs' 'appeals' 'leave to Appeal' 'jurisdiction']
['civil Procedure'] ['costs' 'appeals' 'leave to Appeal' 'jurisdiction']

Case Brief

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Procedural Posture

Costs Determination / Post Appeal, Costs Decision Following Refusal of Leave to Appeal

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity or party/party basis given refusal of leave to appeal;' 'Whether respondent is entitled to costs despite not challenging competency of appeal within time limits;' 'Allocation of costs associated with concurrent appeal and leave to appeal proceedings.']

Ratio Decidendi

Given the procedural background, the timing of the respondent's challenge to competency, the content and timing of the Calderbank letter, and each party's partial success, costs should be awarded on a party/party basis to the respondent for the summons for leave to appeal and the appeal hearings (with limited exceptions), but the respondent must pay the appellants' costs relating to certain appeal book preparations and the Notice of Motion of 10 July 2002.

Court Disposition

Costs orders made apportioning costs between appellants and respondent as set out in final orders; no order as to costs concerning costs submissions.

Orders

  • ["The appellants to pay the respondent's costs of the summons for leave to appeal (CA 40728/02) on a party/party basis, and in addition pay the costs of the appeal (CA 41078/01) including hearings on 23 September 2002 and 9 December 2002, except as per order 2." "The respondent to pay the appellants' costs of the...