Pioneer Studios Pty Ltd v Hills (No 2) [2013] NSWCA 1

Where a party abandons a major ground of appeal late in the process resulting in unnecessary work for the other party, a reasonable proportion of the affected party's costs relating to the abandoned ground may be allocated against the abandoning party, rather than adhering strictly to the usual order of costs following the event.

Parties: Appellant: Pioneer Studios Pty Ltd; Respondent: Kathryn Hills
Jurisdiction: Australia
Judgment Date: 31 January 2013
Procedural Posture: Appeal / Post Judgment (variation of Costs Order)
Outcome: Order vacated and varied as to costs: Appellant entitled to costs of the appeal except appellant to pay 25% of respondent's preparation costs for written submissions of 24 August 2012.
Legal Topics: Costs, Workers Compensation, Statutory Appeals

Civil Procedure Costs Workers Compensation Statutory Appeals

Case Brief

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Parties

Pioneer Studios Pty Ltd

Appellant

Kathryn Hills

Respondent

Procedural Posture

Appeal / Post Judgment (variation of Costs Order)

Legal Issues

1 Whether successful appellant is entitled to recover full costs where a major ground of appeal was abandoned before hearing
2 Appropriate allowance for costs incurred by the respondent in relation to an abandoned ground

Ratio Decidendi

Court Disposition

Order vacated and varied as to costs: Appellant entitled to costs of the appeal except appellant to pay 25% of respondent's preparation costs for written submissions of 24 August 2012.

Orders

Vacate order (4) made by the Court on 26 September 2012 and in lieu thereof order: (4) Subject to order (5) the respondent pay the appellant's costs of the appeal
(5) The appellant pay 25% of the costs of the preparation of the respondent's written submissions dated 24 August 2012