Elite Protective Personnel Pty Ltd & Anor v Salmon (No 2) [2007] NSWCA 373

Elite Protective Personnel Pty Ltd & Anor v Salmon (No 2) [2007] NSWCA 373

The circumstances justified departing from the general rule since the contributory negligence issue was separable and resolved in respondent's favour, and two grounds were abandoned late. Therefore, the respondent is only liable for seventy-five per cent of the costs of the appeal.

Jurisdiction
Australia
Judgment Date
18 December 2007
Procedural Posture
Appeal / Costs Determination Following Judgment
Outcome
Appeal - Costs order varied; Respondent to pay seventy-five per cent of the costs of appeal and receive certificate under the Suitor's Fund Act 1951 if otherwise qualified.
Legal Topics
['costs' 'apportionment of Costs' "suitor's Fund Certificate"]
['civil Procedure'] ['costs' 'apportionment of Costs' "suitor's Fund Certificate"]

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 / Costs Determination Following Judgment

Legal Issues

  1. 1 ['Whether costs should depart from the general rule that costs follow the event when appellant abandons grounds and fails on a separable issue']

Ratio Decidendi

The circumstances justified departing from the general rule since the contributory negligence issue was separable and resolved in respondent's favour, and two grounds were abandoned late. Therefore, the respondent is only liable for seventy-five per cent of the costs of the appeal.

Court Disposition

Appeal - Costs order varied; Respondent to pay seventy-five per cent of the costs of appeal and receive certificate under the Suitor's Fund Act 1951 if otherwise qualified.

Orders

  • ['In lieu of order 7 made on 14 November 2007, respondent to pay seventy-five per cent of the costs of appeal.' "Respondent to have a certificate under the Suitor's Fund Act 1951 if otherwise qualified."]