Fifteenth Eestin Nominees Pty Ltd & Ors v Rosenberg & Anor (No 2)

(2009) 24 VR 155; [2009] VSCA 178

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Scope of costs orders
4. › Whether 'costs of and incidental to' proceeding differs from 'costs of' proceeding
5. › Supreme Court Act 1986 (Vic), s 24
1. Practice and Procedure
2. › Costs
3. › Appellate costs orders
4. › Whether Court of Appeal should order costs of proceeding below when matters remain outstanding before trial judge
1. Practice and Procedure
2. › Costs
3. › Trustee costs
4. › Whether r 63.26 applies where party ceased to be trustee before commencement of proceedings
5. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 63.26

Quick Take

An order for 'the costs of the proceeding' is synonymous with an order for 'the costs of and incidental to the proceeding' under s 24 of the Supreme Court Act 1986 (Vic). The words 'and incidental to' have no additional significance, and costs liability extends to preparatory steps reasonably connected with the proceeding regardless of which formulation is used.