Heperu Pty Limited v Belle (No 3) [2010] NSWCA 339

Heperu Pty Limited v Belle (No 3) [2010] NSWCA 339

Because the appellants achieved a measure of success on the appeal but lost almost all grounds, and neither side made submissions contrary to the proposed costs order, the respondent should pay 25% of the appellants' costs of the appeal.

Jurisdiction
Australia
Judgment Date
09 December 2010
Procedural Posture
Procedural and Other Rulings / On the Papers; Costs Order Following Disposal of the Appeal Other Than Costs
Outcome
The respondent pay 25% of the appellants' costs of the appeal.
Legal Topics
['costs of Appeal' 'entry and Variation of Orders']
['civil Procedure'] ['costs of Appeal' 'entry and Variation of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Procedural and Other Rulings / On the Papers; Costs Order Following Disposal of the Appeal Other Than Costs

Legal Issues

  1. 1 ['What costs order should be made after the appeal was disposed of other than costs.']

Ratio Decidendi

Because the appellants achieved a measure of success on the appeal but lost almost all grounds, and neither side made submissions contrary to the proposed costs order, the respondent should pay 25% of the appellants' costs of the appeal.

Court Disposition

The respondent pay 25% of the appellants' costs of the appeal.

Orders

  • ["The respondent pay 25% of the appellants' costs of the appeal."]