Yalda v Mshref (No 2) [2021] NSWSC 951

Yalda v Mshref (No 2) [2021] NSWSC 951

Although Ms Yalda had minor success on appeal by obtaining a reduction of the damages award from $20,597.93 to $20,000, her success was on a discrete minor legal point and the true impression was that she was unsuccessful in the appeal. The appropriate discretionary costs order was therefore that Ms Yalda pay Ms Mshref's costs of the appeal, but only on an ordinary basis because Ms Yalda had minor success on appeal.

Jurisdiction
Australia
Judgment Date
02 August 2021
Procedural Posture
Costs / Determination of Reserved Costs of Appeal
Outcome
Plaintiff ordered to pay the defendant's costs of the appeal on an ordinary basis.
Legal Topics
['costs Follow the Event' 'indemnity Costs' 'offer of Compromise' 'partial Success on Appeal' 'apportionment of Costs']
['civil Procedure' 'costs'] ['costs Follow the Event' 'indemnity Costs' 'offer of Compromise' 'partial Success on Appeal' 'apportionment of Costs']

Case Brief

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Procedural Posture

Costs / Determination of Reserved Costs of Appeal

Legal Issues

  1. 1 ['Whether the plaintiff should receive costs because she was partly successful on Ground 3 of the appeal.' 'Whether the defendant should receive costs of the appeal on an indemnity basis because of an offer of compromise.' "Whether, alternatively, the defendant should receive costs of the appeal on an ordinary basis despite the plaintiff's minor success."]

Ratio Decidendi

Although Ms Yalda had minor success on appeal by obtaining a reduction of the damages award from $20,597.93 to $20,000, her success was on a discrete minor legal point and the true impression was that she was unsuccessful in the appeal. The appropriate discretionary costs order was therefore that Ms Yalda pay Ms Mshref's costs of the appeal, but only on an ordinary basis because Ms Yalda had minor success on appeal.

Court Disposition

Plaintiff ordered to pay the defendant's costs of the appeal on an ordinary basis.

Orders

  • ["The plaintiff is to pay the defendant's costs of the appeal on an ordinary basis."]