Aktas v Westpac Banking Corporation Limited [No 2] [2010] HCA 47

Aktas v Westpac Banking Corporation Limited [No 2] [2010] HCA 47

Westpac had ample opportunity to indicate before the making of the August 2010 orders that it sought special costs orders; its failure to do so precludes variation of the costs orders after judgment, as the jurisdiction to reopen is to be exercised with great caution for finality in litigation.

Parties
Appellant: Paul Uysal Aktas; First Respondent: Westpac Banking Corporation Limited; Second Respondent: Anor
Jurisdiction
Australia
Judgment Date
15 December 2010
Procedural Posture
Application to Vary Costs Orders in Appeal / Post Judgment, Order on Application to Vary Costs
Outcome
Application to vary costs orders dismissed with costs.
Legal Topics
Costs, Judgments and Orders, Power to Vary Orders Not Yet Authenticated, Finality of Litigation
Civil Procedure Costs Judgments and Orders Power to Vary Orders Not Yet Authenticated Finality of Litigation

Case Brief

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Parties

Paul Uysal Aktas

Appellant

Westpac Banking Corporation Limited

First Respondent

Anor

Second Respondent

Procedural Posture

Application to Vary Costs Orders in Appeal / Post Judgment, Order on Application to Vary Costs

Legal Issues

  1. 1 Whether the Court should exercise its power to vary costs orders not yet authenticated
  2. 2 Whether respondent's (Westpac) application for special costs orders should be granted after judgment

Ratio Decidendi

Westpac had ample opportunity to indicate before the making of the August 2010 orders that it sought special costs orders; its failure to do so precludes variation of the costs orders after judgment, as the jurisdiction to reopen is to be exercised with great caution for finality in litigation.

Court Disposition

Application to vary costs orders dismissed with costs.

Orders

  • First respondent's further amended summons filed on 24 September 2010 dismissed with costs.