PREMIER WOODWORKING CO PTY LTD v SIGANISUCU [1989] NSWCA 250

PREMIER WOODWORKING CO PTY LTD v SIGANISUCU [1989] NSWCA 250

Given the absence of merit in the appeal and to protect the respondent or the respondent's estate from loss due to the deficit between actual costs incurred and party/party recoverable costs, a special order for costs on a solicitor and client basis is justified, but not on an indemnity basis.

Parties
Appellant: Premier Woodworking Co Pty Ltd; Respondent: Siganisucu
Jurisdiction
Australia
Judgment Date
30 November 1989
Procedural Posture
Appeal / Appellate Judgment
Outcome
appeal dismissed
Legal Topics
Costs, Appeal Dismissal
Civil Procedure Costs Appeal Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Premier Woodworking Co Pty Ltd

Appellant

Siganisucu

Respondent

Procedural Posture

Appeal / Appellate Judgment

Legal Issues

  1. 1 Whether special order for costs (solicitor and client basis or indemnity basis) should be made where appeal is withdrawn and without merit

Ratio Decidendi

Given the absence of merit in the appeal and to protect the respondent or the respondent's estate from loss due to the deficit between actual costs incurred and party/party recoverable costs, a special order for costs on a solicitor and client basis is justified, but not on an indemnity basis.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The appellant is to pay the respondent's costs on a solicitor and client basis.