Wade v Liverpool City Council & Anor [2005] NSWCA 132

Wade v Liverpool City Council & Anor [2005] NSWCA 132

The Court concluded that the proper construction of the original costs order and the leave condition required both defendants to be jointly and severally liable for Mr Wade's costs, including those incurred prior to the Council's joinder, and that the previous orders were inconsistent with this requirement; the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 April 2005
Procedural Posture
Appeal / Variation of Costs Orders Following Prior Appeal Decision
Outcome
Variation of previous costs orders granted; costs awarded to plaintiff on indemnity basis for notice of motion.
Legal Topics
['costs' 'apportionment of Liability' 'variation of Orders' 'joint and Several Liability']
['civil Procedure'] ['costs' 'apportionment of Liability' 'variation of Orders' 'joint and Several Liability']

Source-derived case record

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Procedural Posture

Appeal / Variation of Costs Orders Following Prior Appeal Decision

Legal Issues

  1. 1 ["Whether the original costs orders made defendants jointly and severally liable for plaintiff's costs" 'Whether the Court should vary its orders to ensure joint and several liability for costs' 'Interpretation of conditions attached to leave to appeal regarding costs']

Ratio Decidendi

The Court concluded that the proper construction of the original costs order and the leave condition required both defendants to be jointly and severally liable for Mr Wade's costs, including those incurred prior to the Council's joinder, and that the previous orders were inconsistent with this requirement; the variation sought should be granted.

Court Disposition

Variation of previous costs orders granted; costs awarded to plaintiff on indemnity basis for notice of motion.

Orders

  • ['Order (b) made by this Court on 9 February 2004 in matter CA 40129/03 varied: subparagraphs (v), (vi), (vii) substituted.' "First and second defendants to pay plaintiff's costs of Local Court and District Court proceedings." "As between the first and second defendants: first defendant pays plaintiff's costs of the...