TROULIS and ANOR v VAMVOUKAKIS and ANOR [1998] NSWCA 236

TROULIS and ANOR v VAMVOUKAKIS and ANOR [1998] NSWCA 236

The appellants were permitted to amend their notice of appeal to include the damages issue. Each party was to bear their own costs at first instance, and respondents were to pay half of the appellants' costs on appeal and cross-appeal, reflecting the mixed success and multiplicity of issues.

Parties
Appellant: Troulis; Respondent: Vamvoukakis
Jurisdiction
Australia
Judgment Date
06 May 1998
Procedural Posture
Appeal / Final Judgment
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
Costs, Conversion, Damages, Fair Trading Act, Arbitration
Civil Law Costs Conversion Damages Fair Trading Act Arbitration

Case Brief

Summary, issues, holding and outcome

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Parties

Troulis

Appellant

Vamvoukakis

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 entitlement to damages for conversion
  2. 2 validity of claim under the Fair Trading Act
  3. 3 allocation of costs at trial and on appeal

Ratio Decidendi

The appellants were permitted to amend their notice of appeal to include the damages issue. Each party was to bear their own costs at first instance, and respondents were to pay half of the appellants' costs on appeal and cross-appeal, reflecting the mixed success and multiplicity of issues.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • Leave to appellants to amend notice of appeal to raise damages point.
  • Appeal allowed, cross-appeal dismissed.