SELLARS v NEWCOM COLLIERIES PTY LIMITED [1996] NSWCA 469

SELLARS v NEWCOM COLLIERIES PTY LIMITED [1996] NSWCA 469

The court held that there was no demonstrated error of law or fact or unreasonable behaviour in the primary judge's exercise of discretion regarding costs. The judge acted pursuant to the liberty to apply clause, and accordingly, the appeal must be dismissed with costs.

Parties
Appellant: Sellars; Respondent: Newcom Collieries Pty Limited
Jurisdiction
Australia
Judgment Date
21 May 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Costs, Workers Compensation, Discretionary Powers of Court
Civil Procedure Costs Workers Compensation Discretionary Powers of Court

Case Brief

Summary, issues, holding and outcome

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Parties

Sellars

Appellant

Newcom Collieries Pty Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the primary judge erred in reconsidering and varying the costs order made in favour of the appellant
  2. 2 Whether the exercise of the court's discretion in awarding costs was improperly exercised

Ratio Decidendi

The court held that there was no demonstrated error of law or fact or unreasonable behaviour in the primary judge's exercise of discretion regarding costs. The judge acted pursuant to the liberty to apply clause, and accordingly, the appeal must be dismissed with costs.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs