Galafassi v Kelly (No 2) [2014] NSWCA 239

The respondent must repay appellants the specified overpaid sum as part of the restitution following partial reversal of the principal judgment, and the appellants must pay 90% of the respondent's costs of the appeal, reflecting the respondent's greater but not total success. No interest will be awarded on costs as circumstances do not warrant such order.

Jurisdiction: Australia
Judgment Date: 24 July 2014
Procedural Posture: Appeal / Post Judgment Decision on Costs and Restitution
Outcome: Respondent to repay appellants the sum of $74,515.77; appellants to pay 90% of respondent's costs of appeal; no order for interest on costs.
Legal Topics: ['costs of Appeal' 'costs Follow the Event' 'mixed Outcome' 'interest on Costs']

['practice and Procedure'] ['costs of Appeal' 'costs Follow the Event' 'mixed Outcome' 'interest on Costs']

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Procedural Posture

Appeal / Post Judgment Decision on Costs and Restitution

Legal Issues

1 ['Entitlement to repayment of amounts overpaid following partial reversal of judgment' 'Apportionment of costs following mixed outcome on appeal' 'Entitlement to interest on costs']

Ratio Decidendi

Court Disposition

Respondent to repay appellants the sum of $74,515.77; appellants to pay 90% of respondent's costs of appeal; no order for interest on costs.

Orders

['The respondent repay to the appellants the sum of $74,515.77.' "The appellants pay 90% of the respondent's costs of the appeal."]