Page v Telstra Corporation Ltd [2004] FCAFC 157

Page v Telstra Corporation Ltd [2004] FCAFC 157

Despite the timing of the request for costs, justice is best served by an order in the appellant's favour for the costs of the proceedings before the primary judge since the discretion to award costs remains until the orders are entered and the circumstances here are appropriate for such variation.

Jurisdiction
Australia
Judgment Date
15 June 2004
Procedural Posture
Appeal / Post Judgment (variation of Orders)
Outcome
Orders of 30 March 2004 varied to include costs of proceedings before the primary judge awarded to the appellant.
Legal Topics
['costs' 'appeals' 'variation of Orders']
['civil Procedure'] ['costs' 'appeals' 'variation of Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Post Judgment (variation of Orders)

Legal Issues

  1. 1 ['Whether the appellant should be awarded the costs of the proceedings before the primary judge after successful appeal and after original orders did not include such provision.']

Ratio Decidendi

Despite the timing of the request for costs, justice is best served by an order in the appellant's favour for the costs of the proceedings before the primary judge since the discretion to award costs remains until the orders are entered and the circumstances here are appropriate for such variation.

Court Disposition

Orders of 30 March 2004 varied to include costs of proceedings before the primary judge awarded to the appellant.

Orders

  • ["The orders made on 30 March 2004 be varied by adding, at the end of paragraph 5, the words 'and the costs of the proceedings before the primary Judge'."]