Mitchell v Leafs Gully Farm Pty Ltd (No 2) [2016] NSWCA 121

Mitchell v Leafs Gully Farm Pty Ltd (No 2) [2016] NSWCA 121

LGF should bear AGL Power’s costs because LGF’s contingent claim caused AGL to participate in the appeal, not the conduct of Mr Mitchell. No cross-appeal was filed by LGF as required, and it was LGF’s submissions that necessitated AGL Power’s involvement.

Parties
Appellant: Richard Gordon Mitchell; First Respondent: Leafs Gully Farm Pty Ltd; Second Respondent: AGL Power Generation Pty Ltd
Jurisdiction
Australia
Judgment Date
23 May 2016
Procedural Posture
Appeal / Costs Determination After Appeal Dismissed
Outcome
Orders as to costs made; appellant to pay first respondent’s costs (subject to exceptions); first respondent to pay second respondent’s costs, and to pay additional application costs.
Legal Topics
Costs, Appeals, Bullock and Sanderson Orders
Civil Procedure Costs Appeals Bullock and Sanderson Orders

Case Brief

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Parties

Richard Gordon Mitchell

Appellant

Leafs Gully Farm Pty Ltd

First Respondent

AGL Power Generation Pty Ltd

Second Respondent

Procedural Posture

Appeal / Costs Determination After Appeal Dismissed

Legal Issues

  1. 1 Who should bear the costs of the appeal concerning AGL Power Generation Pty Ltd after Mr Mitchell's appeal was dismissed

Ratio Decidendi

LGF should bear AGL Power’s costs because LGF’s contingent claim caused AGL to participate in the appeal, not the conduct of Mr Mitchell. No cross-appeal was filed by LGF as required, and it was LGF’s submissions that necessitated AGL Power’s involvement.

Court Disposition

Orders as to costs made; appellant to pay first respondent’s costs (subject to exceptions); first respondent to pay second respondent’s costs, and to pay additional application costs.

Orders

  • Subject to order (3), Mr Mitchell to pay LGF’s costs of the appeal as agreed or assessed, not including costs LGF must pay under order (2).
  • LGF to pay AGL Power’s costs of the appeal as agreed or assessed.