Richards v Gray No 2 [2014] NSWCA 83

Richards v Gray No 2 [2014] NSWCA 83

No error was shown in the primary judge's discretionary assessment that the appellant pay half the respondent's costs from 19 August 2011 to 8 December 2011. On the appeal, although the appellant achieved a significant reduction in the verdict, the respondent succeeded on some issues; because the issues on which the appellant succeeded occupied more time and materially reduced the verdict, the respondent was ordered to pay 50% of the appellant's appeal costs and the costs of the cross-appeal.

Jurisdiction
Australia
Judgment Date
28 March 2014
Procedural Posture
Costs Appeal and Cross Appeal / On the Papers After Judgment on Appeal
Outcome
Appeal costs apportioned; cross-appeal dismissed; primary judge's specified orders and costs order set aside and replaced.
Legal Topics
['trial Costs' 'appeal Costs' 'costs Follow the Event' 'partial Success on Appeal' 'funds Management Fees']
['costs'] ['trial Costs' 'appeal Costs' 'costs Follow the Event' 'partial Success on Appeal' 'funds Management Fees']

Case Brief

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Procedural Posture

Costs Appeal and Cross Appeal / On the Papers After Judgment on Appeal

Legal Issues

  1. 1 ["Whether the primary judge's trial costs orders should be disturbed in light of the parties' relative success and failure on fund management issues." "Whether the respondent should pay part of the appellant's costs of the appeal after partial success by both parties." "Whether the respondent's cross-appeal concerning costs after 19 August 2011 should be dismissed."]

Ratio Decidendi

No error was shown in the primary judge's discretionary assessment that the appellant pay half the respondent's costs from 19 August 2011 to 8 December 2011. On the appeal, although the appellant achieved a significant reduction in the verdict, the respondent succeeded on some issues; because the issues on which the appellant succeeded occupied more time and materially reduced the verdict, the respondent was ordered to pay 50% of the appellant's appeal costs and the costs of the cross-appeal.

Court Disposition

Appeal costs apportioned; cross-appeal dismissed; primary judge's specified orders and costs order set aside and replaced.

Orders

  • ['Set aside Orders 1A, 6 and 7 of the orders made by the primary judge and entered on 16 December 2011.' 'The defendant pay any part of the judgment amount not yet paid to the Trust Company Limited pursuant to s 77(3)(b) of the Uniform Civil Procedure Act 2005 (NSW).' 'Set aside the order for costs made by the...