National Australia Bank Ltd & Anor v Horne & Anor (No 2)

[2011] VSCA 414

Victorian Court of Appeal

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Catchwords

1. Costs
2. › Appellate costs
3. › Mixed success on appeal
1. Costs
2. › No order as to costs
3. › Both parties substantially successful
1. Corporations
2. › Administration
3. › Validation of administrator appointment under s 447A
1. Costs
2. › Appeal Costs Act 1998 (Vic)
3. › Indemnity certificate

Quick Take

The Court of Appeal made no order as to costs where the appeal result was effectively a draw: the appellants succeeded in establishing the trial judge erred in finding the company would have appointed the administrators, but the respondents succeeded in having the administrators' appointment validated under s 447A of the Corporations Act. The respondents were granted an indemnity certificate under s 4 of the Appeal Costs Act 1998 (Vic).