Tuohey v Freemasons Hospital (No 2)

[2012] VSCA 123

Victorian Court of Appeal

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Catchwords

1. Practice and Procedure
2. › Costs
3. › Special case stated for opinion of Court of Appeal
4. › Whether costs follow the event
5. › Joint application by both parties for special case
6. › Discretion to make no order as to costs
7. › County Court Act 1958 (Vic), s 76(2)
1. Practice and Procedure
2. › Costs
3. › Indemnity certificate
4. › Special case stated
5. › Whether party entitled to indemnity certificate
6. › Appeal Costs Act 1998 (Vic), s 19

Quick Take

Where both parties jointly request the stating of a special case for the opinion of the Court of Appeal, and both stand to benefit from the resolution of the questions of law before trial, the court may decline to order costs against the unsuccessful party. The discretion under s 76(2) of the County Court Act 1958 (Vic) carries no predisposition to ordering costs in favour of the successful party on a special case.