Costello & Anor v Macdonald & Ors

Costello & Anor v Macdonald & Ors

Mr and Mrs Costello, having succeeded on appeal and in defending the claim, are entitled to their costs of the appeal, the application for permission to cross-appeal, and defending the claim, except for the balance of costs on the preliminary issue. No order for costs on the counterclaim as it was only between respondents and Oakwood. Oakwood remains liable for respondents’ costs of the claim (excluding those against Mr and Mrs Costello) and counterclaim.

Parties
Appellants: Costello & Anor; Respondents: Macdonald & Ors; Party to Contract: Oakwood
Jurisdiction
England and Wales
Judgment Date
10 February 2012
Procedural Posture
Civil Appeal / Costs Determination After Appeal Judgment
Outcome
Appeal allowed; costs orders made as specified.
Legal Topics
Costs, Appeal, Counterclaim, Cross Appeal
Civil Procedure Costs Appeal Counterclaim Cross Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Costello & Anor

Appellants

Macdonald & Ors

Respondents

Oakwood

Party to Contract

Procedural Posture

Civil Appeal / Costs Determination After Appeal Judgment

Legal Issues

  1. 1 Entitlement to costs following appeal
  2. 2 Costs of application for permission to cross-appeal
  3. 3 Costs relating to claim and counterclaim

Ratio Decidendi

Mr and Mrs Costello, having succeeded on appeal and in defending the claim, are entitled to their costs of the appeal, the application for permission to cross-appeal, and defending the claim, except for the balance of costs on the preliminary issue. No order for costs on the counterclaim as it was only between respondents and Oakwood. Oakwood remains liable for respondents’ costs of the claim (excluding those against Mr and Mrs Costello) and counterclaim.

Court Disposition

Appeal allowed; costs orders made as specified.

Orders

  • Respondents to pay Mr and Mrs Costello’s costs of the appeal.
  • Respondents to pay Mr and Mrs Costello’s costs of the application for permission to cross-appeal.