Suecha Pty Ltd v VSD Glass & Timber Pty Ltd (No 2) [2020] NSWCATAP 229

Suecha Pty Ltd v VSD Glass & Timber Pty Ltd (No 2) [2020] NSWCATAP 229

Given both parties achieved partial success but the respondent enjoyed a greater measure of success prior to the hearing, the appellant is to pay 50% of the respondent's costs of the appeal up to and including the day before the hearing; each party to bear their own costs of the day of the hearing.

Jurisdiction
Australia
Judgment Date
04 November 2020
Procedural Posture
Appeal / Determination of Costs After Substantive Appeal
Outcome
Appellant to pay 50% of the respondent's costs of the appeal, including 50% of stay application costs up to 22 July 2020; each party to bear own costs of the day of hearing.
Legal Topics
['appeals' 'costs']
['civil Procedure'] ['appeals' 'costs']

Case Brief

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Procedural Posture

Appeal / Determination of Costs After Substantive Appeal

Legal Issues

  1. 1 ['Entitlement to costs following mixed outcome on appeal in building dispute' 'Proper apportionment of costs where each party achieved partial success' 'Personal liability for costs']

Ratio Decidendi

Given both parties achieved partial success but the respondent enjoyed a greater measure of success prior to the hearing, the appellant is to pay 50% of the respondent's costs of the appeal up to and including the day before the hearing; each party to bear their own costs of the day of the hearing.

Court Disposition

Appellant to pay 50% of the respondent's costs of the appeal, including 50% of stay application costs up to 22 July 2020; each party to bear own costs of the day of hearing.

Orders

  • ['A hearing in respect of the question of costs of the appeal be dispensed with.' "The appellant is to pay 50% of the respondent's costs of the appeal, including 50% of the costs of the stay application, up to and including 22 July 2020, as agreed or assessed, and each party is to bear their own costs of the day of...