Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd (costs) [2020] FCAFC 74

Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd (costs) [2020] FCAFC 74

Despite the appellant succeeding on some grounds, that partial success was of minor practical significance and did not alter the outcome; no special circumstances justified departure from the usual order, and costs should follow the event.

Jurisdiction
Australia
Judgment Date
29 April 2020
Procedural Posture
Appeal / Costs Determination Following Appeal Judgment
Outcome
Appellant ordered to pay respondents’ costs on a party/party basis.
Legal Topics
['costs' 'discretion in Awarding Costs' 'usual Order as to Costs' 'party/party Basis']
['civil Procedure'] ['costs' 'discretion in Awarding Costs' 'usual Order as to Costs' 'party/party Basis']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Appeal Judgment

Legal Issues

  1. 1 ['Whether there is a proper basis to depart from the usual order that costs follow the event when the appellant succeeded on some but not all grounds of appeal']

Ratio Decidendi

Despite the appellant succeeding on some grounds, that partial success was of minor practical significance and did not alter the outcome; no special circumstances justified departure from the usual order, and costs should follow the event.

Court Disposition

Appellant ordered to pay respondents’ costs on a party/party basis.

Orders

  • ['The appellant pay the costs of the respondents on a party/party basis, to be assessed if not agreed.']