Mushroom Composters Pty Ltd v IS & DE Robertson Pty Ltd (No 2) [2015] NSWCA 68

No order as to costs of the appeal is appropriate because although Composters succeeded in part, it abandoned many grounds late, causing additional work for Robertson, and conceded most of the damages award at or shortly before hearing.

Parties: Appellant: Mushroom Composters Pty Ltd; Respondent: IS & DE Robertson Pty Ltd
Jurisdiction: Australia
Judgment Date: 25 March 2015
Procedural Posture: Appeal / Court of Appeal Judgment After Remitter on Orders and Costs
Outcome: Orders in lieu of previous orders: verdict and judgment in specified sums for respondent; no order as to costs; parties' calculation of amount owing noted.
Legal Topics: Setting Aside Judgment, Costs of Appeal, Damages Calculation, Judgment Variation

Civil Procedure Contract Setting Aside Judgment Costs of Appeal Damages Calculation Judgment Variation

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Parties

Mushroom Composters Pty Ltd

Appellant

IS & DE Robertson Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment After Remitter on Orders and Costs

Legal Issues

1 Appropriate orders to be made following partial success of appeal
2 Entitlement to costs of the appeal
3 Appropriate amount of judgment in light of adjusted damages

Ratio Decidendi

Court Disposition

Orders in lieu of previous orders: verdict and judgment in specified sums for respondent; no order as to costs; parties' calculation of amount owing noted.

Orders

Set aside Orders 2 and 4 made by McDougall J on 12 May 2014.
Verdict for cross-claimant (Robertson) on cross-claim in sum of $1,009,477.15 inclusive of interest to 1 May 2014.