Sydney Ferries v Morton (No 2) [2010] NSWCA 238

Sydney Ferries v Morton (No 2) [2010] NSWCA 238

There was no sufficient basis to depart from the general rule that costs follow the event. The Appellant, though raising several issues, did not succeed in disturbing the orders below, and the issues were not clearly dominant or separable. Thus, the application to set aside or vary the costs order was dismissed with costs.

Jurisdiction
Australia
Judgment Date
15 September 2010
Procedural Posture
Civil / Application to Vary Costs Order Following Appeal Judgment
Outcome
Application to vary costs order dismissed with costs.
Legal Topics
['costs' 'appeal Procedure' 'judicial Review']
['civil Procedure'] ['costs' 'appeal Procedure' 'judicial Review']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Application to Vary Costs Order Following Appeal Judgment

Legal Issues

  1. 1 ['Whether to set aside or vary the costs order made following the unsuccessful appeal by the Appellant']

Ratio Decidendi

There was no sufficient basis to depart from the general rule that costs follow the event. The Appellant, though raising several issues, did not succeed in disturbing the orders below, and the issues were not clearly dominant or separable. Thus, the application to set aside or vary the costs order was dismissed with costs.

Court Disposition

Application to vary costs order dismissed with costs.

Orders

  • ["Appellant's Notice of Motion filed 20 July 2010 dismissed with costs."]