Silkfield Pty Ltd v Wong, James & Ors for and on behalf of themselves and as representatives of the group referred to in the application [1998] FCA 1645

Silkfield Pty Ltd v Wong, James & Ors for and on behalf of themselves and as representatives of the group referred to in the application [1998] FCA 1645

The successful appellant is entitled to its costs of the appeal and of the notice of motion to the extent it concerned issues about commencing or continuing as a representative proceeding, due to reversal of the primary judge's determination on these points.

Jurisdiction
Australia
Judgment Date
17 December 1998
Procedural Posture
Appeal / Post Judgment (costs Determination)
Outcome
Appeal allowed regarding costs.
Legal Topics
['representative Proceedings' 'costs Orders' 'part IVA Proceedings']
['civil Procedure'] ['representative Proceedings' 'costs Orders' 'part IVA Proceedings']

Case Brief

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Procedural Posture

Appeal / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Entitlement to costs on appeal' 'Appropriate costs order for notice of motion relating to representative proceedings under Part IVA']

Ratio Decidendi

The successful appellant is entitled to its costs of the appeal and of the notice of motion to the extent it concerned issues about commencing or continuing as a representative proceeding, due to reversal of the primary judge's determination on these points.

Court Disposition

Appeal allowed regarding costs.

Orders

  • ["Respondents pay appellant's costs of the appeal." 'Costs order of Spender J (16 January 1998) set aside only as it applies to costs of issues raised in paragraphs 1, 2, 3, 4, 5, 7 and 8 of the notice of motion filed 5 December 1997.' "Respondents pay appellant's costs of and incidental to the said notice of motion...