Sidameneo (No 456) Pty Ltd v Alexander (No 2) [2012] NSWCA 87

Sidameneo (No 456) Pty Ltd v Alexander (No 2) [2012] NSWCA 87

The Court declined to make the requested declaration because it would not serve a useful purpose, was not sought during arguments before the primary judge, and would pertain only to an intermediate conclusion. The appellant's partial success did not affect the outcome or warrant a variation of costs orders. Both the indemnity and ordinary costs orders below should stand, as should the order for costs of the appeal.

Jurisdiction
Australia
Judgment Date
18 April 2012
Procedural Posture
Appeal / Post Judgment Motion and Appeal From Costs Judgment
Outcome
Appellant's motion for declaratory relief dismissed; appeal from costs judgment dismissed; application to vary costs order dismissed.
Legal Topics
['restrictive Covenants' 'restraint of Trade' 'declaratory Relief' 'costs Orders' 'indemnity Costs']
['costs'] ['restrictive Covenants' 'restraint of Trade' 'declaratory Relief' 'costs Orders' 'indemnity Costs']

Case Brief

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Procedural Posture

Appeal / Post Judgment Motion and Appeal From Costs Judgment

Legal Issues

  1. 1 ['Whether it is appropriate to make a declaration as to the validity of a restraint of trade covenant' "Whether the appellant's success on the validity of the covenant should affect costs orders" 'Whether indemnity costs ordered below should be disturbed']

Ratio Decidendi

The Court declined to make the requested declaration because it would not serve a useful purpose, was not sought during arguments before the primary judge, and would pertain only to an intermediate conclusion. The appellant's partial success did not affect the outcome or warrant a variation of costs orders. Both the indemnity and ordinary costs orders below should stand, as should the order for costs of the appeal.

Court Disposition

Appellant's motion for declaratory relief dismissed; appeal from costs judgment dismissed; application to vary costs order dismissed.

Orders

  • ["Dismiss the appellant's motion of 22 December 2011, seeking declaratory relief." 'Order that the appellant pay the costs of the first, second and third respondents of the motion.' 'Dismiss the appeal from the costs judgment in the Equity Division.' "Dismiss the application to vary order (2) made on 21 December...