Vero Insurance Ltd v Australian Prestressing Services Pty Ltd (No 2)

[2014] NSWCA 8

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Partial success by both parties
5. › Whether costs order should reflect overall assessment of respective successes
6. › Whether issue-by-issue costs orders or single proportionate order appropriate
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Late notice of contention
5. › Whether costs incurred before amendment recoverable where issue already raised in notice of appeal

Quick Take

Where both parties have partial success on appeal, the Court of Appeal will make a single proportionate costs order reflecting an overall assessment of the parties' respective successes, rather than separate issue-by-issue costs orders. The general rule against recovering pre-amendment costs does not apply where the issue was already raised in the notice of appeal and dealt with below.