Firth v Wowk & Ors (No 2) [2008] NSWCA 182

Firth v Wowk & Ors (No 2) [2008] NSWCA 182

No order for costs should be made as to costs below and on appeal as the order made at trial was not authorised by statute, merits of the claim were not determined, and the appeal was upheld on a ground raised by the Court only.

Parties
Appellant: Stephen Paul Firth; First Respondent: Jury Wowk; First Respondent: Michael Donovan; Second Respondent: Neil Kennedy
Jurisdiction
Australia
Judgment Date
08 August 2008
Procedural Posture
Appeal / Consequential Orders Following Appeal Judgment
Outcome
No order for costs, parties to bear their own costs.
Legal Topics
Consequential Orders, Costs on Appeal, Statutory Authority for Costs Orders
Costs Consequential Orders Costs on Appeal Statutory Authority for Costs Orders

Case Brief

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Parties

Stephen Paul Firth

Appellant

Jury Wowk

First Respondent

Michael Donovan

First Respondent

Neil Kennedy

Second Respondent

Procedural Posture

Appeal / Consequential Orders Following Appeal Judgment

Legal Issues

  1. 1 Disposition of costs following appeal upheld on ground not advanced by appellant
  2. 2 Order made at trial not authorised by statute
  3. 3 Appropriate costs order when merits not determined

Ratio Decidendi

No order for costs should be made as to costs below and on appeal as the order made at trial was not authorised by statute, merits of the claim were not determined, and the appeal was upheld on a ground raised by the Court only.

Court Disposition

No order for costs, parties to bear their own costs.

Orders

  • Set aside any order made by the trial judge for the costs of the notice of motion as between Messrs Wowk and Donovan and Mr Firth.
  • No order for the costs of the notice of motion as between those parties.