GRAHAM V ALUMA-LITE PTY LTD [1997] NSWCA 129

GRAHAM V ALUMA-LITE PTY LTD [1997] NSWCA 129

The application to reconsider the costs order was refused due to the significant delay, intervening events (including cost assessment and actions taken in accordance with the original order), and the existence of established procedures for review of costs by the assessor rather than by revisiting the Appeal Court's...

Source-derived case information.

Parties
Appellant: Mrs Graham; Respondent: Aluma-Lite Products Pty Ltd
Jurisdiction
Australia
Judgment Date
25 March 1997
Procedural Posture
Civil Appeal / Application to Reconsider Costs Order After Appeal Judgment
Outcome
Application refused; notice of motion dismissed
Legal Topics
Costs, Appeals, Pro Bono Representation
Civil Procedure Costs Appeals Pro Bono Representation

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Parties

Mrs Graham

Appellant

Aluma-Lite Products Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Application to Reconsider Costs Order After Appeal Judgment

Legal Issues

  1. 1 Whether the Court of Appeal should reconsider its previous costs order after the delivery of judgment
  2. 2 Whether counsel's pro bono status affects recoverability of counsel's fees as costs
  3. 3 Whether specific costs should be disallowed for unsuccessful arguments in the appeal

Ratio Decidendi

The application to reconsider the costs order was refused due to the significant delay, intervening events (including cost assessment and actions taken in accordance with the original order), and the existence of established procedures for review of costs by the assessor rather than by revisiting the Appeal Court's order.

Court Disposition

Application refused; notice of motion dismissed

Orders

  • Notice of motion dismissed
  • Formal orders to be entered in accordance with those announced on 20 March 1996 with the additional order for judgment for the defendant in matter No 11419 of 1994