Roads And Traffic Authority v Jacques [No. 2] [2000] NSWCA 135

Roads And Traffic Authority v Jacques [No. 2] [2000] NSWCA 135

The respondent should pay 50 per cent of the appellant's costs of the appeal, reflecting the partial success of the appellant; a certificate under the Suitors Fund Act 1951 is appropriate if the respondent qualifies.

Jurisdiction
Australia
Judgment Date
25 May 2000
Procedural Posture
Appeal / Costs Determination After Appeal
Outcome
Respondent ordered to pay 50 per cent of appellant's costs of the appeal, and to have a certificate under the Suitors Fund Act 1951 if qualified.
Legal Topics
['costs' 'apportionment of Responsibility' 'offers of Compromise']
['civil Procedure'] ['costs' 'apportionment of Responsibility' 'offers of Compromise']

Case Brief

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Procedural Posture

Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 ['Allocation of costs following partial success on appeal' 'Application of offers of compromise to costs' 'Entitlement to indemnity costs based on appeal outcome']

Ratio Decidendi

The respondent should pay 50 per cent of the appellant's costs of the appeal, reflecting the partial success of the appellant; a certificate under the Suitors Fund Act 1951 is appropriate if the respondent qualifies.

Court Disposition

Respondent ordered to pay 50 per cent of appellant's costs of the appeal, and to have a certificate under the Suitors Fund Act 1951 if qualified.

Orders

  • ["Respondent to pay 50 per cent of appellant's costs of the appeal" 'Respondent to have a certificate under the Suitors Fund Act 1951 if qualified']