Sydney Ferries v Morton (No 2)

[2010] NSWCA 238

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule that costs follow the event
4. › Multiple issues in appeal
5. › Whether departure from general rule warranted where appellant succeeded on some issues but failed overall
6. › Whether costs should be apportioned by reference to discrete issues
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
1. Practice and Procedure
2. › Costs
3. › Application to set aside and vary costs order
4. › UCPR 36.16
5. › Whether sufficient basis to vary costs order already made

Quick Take

Where an appellant fails to disturb any aspect of the orders below, success on individual issues within the appeal does not warrant departure from the general rule that costs follow the event. An appellant who must succeed on multiple issues to obtain a favourable order should not expect that success on some issues will reduce the costs payable. The James v Surf Road Nominees principles continue to apply under the current UCPR regime.