ROSS BROWN SALES PTY. LIMITED v SJOERD FABER [1996] NSWCA 456

ROSS BROWN SALES PTY. LIMITED v SJOERD FABER [1996] NSWCA 456

The appellant pursued a hopeless ground of appeal regarding the plaintiff's economic loss, which was only abandoned shortly before the hearing and after having successfully sought a stay that delayed payment to the plaintiff. This conduct justified an award of indemnity costs to the respondent, as the appeal should not have been brought and caused unnecessary delay and expense.

Parties
Appellant: Ross Brown Sales Pty. Limited; First Respondent / Plaintiff: Sjoerd Faber; Second Respondent / First Defendant: Pro-Krane Pty Limited; Third Respondent: Third Respondent
Jurisdiction
Australia
Judgment Date
06 December 1996
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Appellant to pay first respondent's costs of the appeal on an indemnity basis.
Legal Topics
Costs, Indemnity Costs, Appeals, Quantum of Damages
Civil Procedure Costs Indemnity Costs Appeals Quantum of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Ross Brown Sales Pty. Limited

Appellant

Sjoerd Faber

First Respondent / Plaintiff

Pro-Krane Pty Limited

Second Respondent / First Defendant

Third Respondent

Third Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether indemnity costs should be awarded against the appellant after abandoning the appeal regarding quantum shortly before hearing.
  2. 2 Whether ground 9 of the appeal had any real prospect of success.

Ratio Decidendi

The appellant pursued a hopeless ground of appeal regarding the plaintiff's economic loss, which was only abandoned shortly before the hearing and after having successfully sought a stay that delayed payment to the plaintiff. This conduct justified an award of indemnity costs to the respondent, as the appeal should not have been brought and caused unnecessary delay and expense.

Court Disposition

Appellant to pay first respondent's costs of the appeal on an indemnity basis.

Orders

  • Appellant to pay the first respondent's costs of the appeal on an indemnity basis.