Rolfe v. Katunga Lucerne Mill Pty.Ltd. & Anor. [2005] NSWCA 473

Rolfe v. Katunga Lucerne Mill Pty.Ltd. & Anor. [2005] NSWCA 473

The Court refused to vary the costs order because the appellant succeeded only on the merchantable quality claim, the tort breach of duty argument was fundamentally weak and took more appeal time than it should have, and the appellant was not compelled to make the agreement that related proceedings would abide the result in his matter.

Jurisdiction
Australia
Judgment Date
22 December 2005
Procedural Posture
Procedure Costs / Court of Appeal Matter Dealt With in Chambers on Written Submissions Seeking Variation of Costs Order After Appeal
Outcome
Application to vary the costs order refused.
Legal Topics
['variation of Costs Order' 'appeal Costs' 'partial Success on Appeal' 'merchantable Quality' 'tort Liability']
['civil Procedure' 'costs' 'sale of Goods' 'tort'] ['variation of Costs Order' 'appeal Costs' 'partial Success on Appeal' 'merchantable Quality' 'tort Liability']

Case Brief

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedure Costs / Court of Appeal Matter Dealt With in Chambers on Written Submissions Seeking Variation of Costs Order After Appeal

Legal Issues

  1. 1 ['Whether the costs order made in disposing of the appeal should be varied after no argument on costs had been heard.' 'Whether the appellant should receive all costs because tortious liability issues were said to be necessary for related horse owner proceedings.']

Ratio Decidendi

The Court refused to vary the costs order because the appellant succeeded only on the merchantable quality claim, the tort breach of duty argument was fundamentally weak and took more appeal time than it should have, and the appellant was not compelled to make the agreement that related proceedings would abide the result in his matter.

Court Disposition

Application to vary the costs order refused.

Orders

  • ['The costs order was not varied.' "The respondents/defendants to pay 80% of the appellant's costs of the appeal and of the trial in the court below."]