Secure Parking (WA) Pty Ltd v Wilson [No 2]

[2009] WASCA 78

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Partial success on appeal
5. › Whether costs should follow the event
6. › Apportionment of costs where appellant did not obtain primary relief sought
1. Practice and Procedure
2. › Costs
3. › Indemnity costs
4. › Whether maintaining appeal against unsuccessful respondent was unreasonable or for ulterior purpose
1. Practice and Procedure
2. › Costs
3. › Costs at first instance
4. › Whether successful appellant entitled to costs below where issues on appeal differed from issues at trial
1. Practice and Procedure
2. › Appeals
3. › Consequential orders
4. › Declaratory relief
5. › Remission for assessment of damages

Quick Take

Where an appellant succeeds on appeal but fails to obtain its primary relief and the successful grounds on appeal were materially different from the case run at trial, the court may apportion appeal costs and decline to award the appellant any costs of the proceedings below.