AED Oil Limited & Anor v Puffin FPSO Limited (No 2)

[2010] VSCA 109

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Successful appellant entitled to costs of appeal and proceeding below
5. › Whether special circumstances exist to depart from settled rule
6. › Supreme Court (General Civil Procedure) Rules 2005 (Vic), r 64.24(1)
1. Practice and Procedure
2. › Costs
3. › Separate representation
4. › Related corporate parties
5. › Whether separate representation by parent and subsidiary reasonable
6. › Whether costs awarded in favour of both parties

Quick Take

Where related corporate entities (parent and subsidiary) are separately represented in proceedings and succeed on appeal, separate representation may be held reasonable where the nature of the proceeding and the arguments available to each party justify it. Costs of the proceeding below may be awarded from the date a stay application was foreshadowed, not merely from the date it was formally filed.