Conder v Silkbard No 2 [2000] NSWCA 317

The respondent's summons was misconceived, unnecessary and unsuccessful, and the appellants are entitled to their costs because there is no reason not to award them costs in the ordinary course.

Jurisdiction: Australia
Judgment Date: 06 November 2000
Procedural Posture: Appeal / Post Judgment Costs Determination
Outcome: Respondent ordered to pay appellants' costs of the summons.
Legal Topics: ['costs' 'misconceived Summons']

['civil Procedure'] ['costs' 'misconceived Summons']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Post Judgment Costs Determination

Legal Issues

1 ["Whether the appellants are entitled to costs of the respondent's misconceived summons"]

Ratio Decidendi

The respondent's summons was misconceived, unnecessary and unsuccessful, and the appellants are entitled to their costs because there is no reason not to award them costs in the ordinary course.

Court Disposition

Respondent ordered to pay appellants' costs of the summons.

Orders

["The respondent pay the appellants' costs of the Summons."]