Hawkesbury District Health Service Limited & Anor v Patricia Chaker (No 2)

[2011] NSWCA 30

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule — costs follow the event
4. › Meaning of 'the event'
5. › Whether appeal divisible into discrete events
6. › Successful appellant failing on separable damages issue
7. › UCPR 42.1
1. Practice and Procedure
2. › Costs
3. › Departure from general rule
4. › Separable issues
5. › Whether failure on separable issue warrants costs adjustment
6. › Principles governing apportionment
1. Practice and Procedure
2. › Costs
3. › Effect of abandonment of ground of appeal
4. › Whether abandonment warrants costs adjustment where issues subsumed by other grounds
1. Practice and Procedure
2. › Appeals
3. › Non-compliance with rules
4. › Written submissions exceeding page limits
5. › Effect of non-compliance with UCPR 51.36
6. › Costs consequences of non-compliant submissions

Quick Take

UCPR 42.1 looks to the substance and reality of the outcome of a proceeding, not discrete sub-issues within it; failure on a separable issue is not, without more, sufficient to warrant departure from the general costs rule. Non-compliant written submissions that serve no useful purpose will result in the filing party being denied costs of their preparation.