Bechara v Cross [2014] NSWCA 175

Bechara v Cross [2014] NSWCA 175

No good reason to depart from the ordinary rule that costs follow the event; success in proceedings was undiminished by withdrawn allegations; clear error in District Court's costs order requiring each party to pay own costs up to date of offer of compromise.

Source-derived case information.

Parties
Applicant: Maria Bechara trading as Bechara and Company; First Respondent: Rosabelle Cross; Second Respondent: Gabriel Cross; Respondents' Trustee: Trustee in bankruptcy of Respondents
Jurisdiction
Australia
Judgment Date
03 June 2014
Procedural Posture
Application for Leave to Appeal (costs) / Court of Appeal Decision
Outcome
Leave to appeal granted; appeal allowed; costs order set aside; new costs order made.
Legal Topics
Costs, Offers of Compromise, Appeal
Practice and Procedure Costs Offers of Compromise Appeal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Maria Bechara trading as Bechara and Company

Applicant

Rosabelle Cross

First Respondent

Gabriel Cross

Second Respondent

Trustee in bankruptcy of Respondents

Respondents' Trustee

Procedural Posture

Application for Leave to Appeal (costs) / Court of Appeal Decision

Legal Issues

  1. 1 Whether the District Court erred in ordering each party to pay their own costs incurred up to the date of the offer of compromise
  2. 2 Whether there was good reason to depart from the general rule that costs follow the event
  3. 3 Whether it was incumbent upon the applicant to refute allegations withdrawn by respondents

Ratio Decidendi

No good reason to depart from the ordinary rule that costs follow the event; success in proceedings was undiminished by withdrawn allegations; clear error in District Court's costs order requiring each party to pay own costs up to date of offer of compromise.

Court Disposition

Leave to appeal granted; appeal allowed; costs order set aside; new costs order made.

Orders

  • Grant leave to Ms Bechara to appeal against costs order (1) made by Levy DCJ on 31 May 2013.
  • Direct Ms Bechara to file a Notice of Appeal in the form supplied within 14 days.