Thiess Contractors Pty Ltd v Placer (Granny Smith) Pty Ltd

[2001] WASCA 166

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Mixed success on appeal
4. › Apportionment of costs
5. › Whether appellant entitled to costs where successful only on damages quantification
1. Practice and Procedure
2. › Costs
3. › Nominal damages
4. › Whether award of nominal damages disentitles successful party from costs
5. › Whether court may depart from usual practice
1. Practice and Procedure
2. › Costs
3. › Deficient notice of appeal
4. › Effect on costs orders
5. › Duty of lawyers in drafting notices of appeal
1. Practice and Procedure
2. › Appeal
3. › Notice of appeal
4. › Duty of care in drafting
5. › Excessive and repetitive grounds
6. › Costs consequences

Quick Take

An award of nominal damages does not invariably disentitle the successful party from costs; the court retains a wide discretion and may depart from the usual practice where serious causes of action (fraud, breach of fiduciary duty) are established, the counterclaim mirrors the defence, and the damages claim failed due to a wrong approach to proof. Deficiencies in a notice of appeal, including excessive and repetitive grounds, may be reflected in adverse costs orders.