RHEE v MASON [1996] NSWCA 449

RHEE v MASON [1996] NSWCA 449

The philosophy outlined in Huntsman Chemical Co Aust Ltd v International Pools Aust Ltd applies; no ground was shown for awarding indemnity costs merely due to late abandonment, and ordinary costs follow discontinuance.

Parties
Appellant: Rhee; Respondent: Mason
Jurisdiction
Australia
Judgment Date
30 August 1996
Procedural Posture
Appeal / Costs Application After Discontinuance on Appeal
Outcome
Leave given to discontinue; order for costs in favour of the respondent; indemnity costs refused; judgment amount amended.
Legal Topics
Indemnity Costs, Abandonment of Appeal
Costs Indemnity Costs Abandonment of Appeal

Case Brief

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Parties

Rhee

Appellant

Mason

Respondent

Procedural Posture

Appeal / Costs Application After Discontinuance on Appeal

Legal Issues

  1. 1 Whether it is appropriate to award indemnity costs on late abandonment of appeal

Ratio Decidendi

The philosophy outlined in Huntsman Chemical Co Aust Ltd v International Pools Aust Ltd applies; no ground was shown for awarding indemnity costs merely due to late abandonment, and ordinary costs follow discontinuance.

Court Disposition

Leave given to discontinue; order for costs in favour of the respondent; indemnity costs refused; judgment amount amended.

Orders

  • The judgment given by Acting Judge Gallen on 2 April 1996 be amended by substituting the amount of $48,379.40 for $47,429.40.
  • Leave given to the appellant to discontinue.