Actol Pty Ltd v Rise Products Pty Ltd; Rise Products Pty Ltd v Actol Pty Ltd (No 2) [2023] NSWCATAP 322

Actol Pty Ltd v Rise Products Pty Ltd; Rise Products Pty Ltd v Actol Pty Ltd (No 2) [2023] NSWCATAP 322

Given Actol's defeat on dominant and separable issues and in recognition of the dominant hearing time and evidence related to unsuccessful claims, Actol Pty Ltd is to pay seventy percent of Rise Products Pty Ltd's costs at first instance, as this represents a just and pragmatic apportionment without engaging in lengthy and uneconomic costs assessments; Rise’s application for costs of its appeal was dismissed as no special circumstances were established and the amount in issue was below jurisdictional threshold.

Jurisdiction
Australia
Judgment Date
04 December 2023
Procedural Posture
Appeal / Costs Redetermination Following Substantive Appeal Disposition
Outcome
Leave to appeal in respect of costs order granted; original costs order varied.
Legal Topics
['costs' 'statutory Interpretation' 'jurisdictional Limits' 'appeals']
['civil Procedure'] ['costs' 'statutory Interpretation' 'jurisdictional Limits' 'appeals']

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Procedural Posture

Appeal / Costs Redetermination Following Substantive Appeal Disposition

Legal Issues

  1. 1 ['Whether the Tribunal erred in determining costs following partial success and appeal outcome' 'Whether costs should be apportioned due to dominant/separable issues' 'Effect of statutory monetary jurisdictional limit amendment on costs']

Ratio Decidendi

Given Actol's defeat on dominant and separable issues and in recognition of the dominant hearing time and evidence related to unsuccessful claims, Actol Pty Ltd is to pay seventy percent of Rise Products Pty Ltd's costs at first instance, as this represents a just and pragmatic apportionment without engaging in lengthy and uneconomic costs assessments; Rise’s application for costs of its appeal was dismissed as no special circumstances were established and the amount in issue was below jurisdictional threshold.

Court Disposition

Leave to appeal in respect of costs order granted; original costs order varied.

Orders

  • ['A further hearing of the remaining issues is dispensed with.' 'The application to vary order 4 made on 18 September 2023 in these proceedings is refused.' 'Leave to appeal in respect of order 3 of the decision of the Tribunal in proceedings HB 20/35833 is granted.' 'Order varied: Actol Pty Ltd is to pay seventy...