Richards v Gray No 2

[2014] NSWCA 83

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Trial costs
4. › Discretion of trial judge
5. › Apportionment for partial success
6. › Whether error in exercise of discretion shown
1. Practice and Procedure
2. › Costs
3. › Appeal costs
4. › General rule that costs follow the event
5. › Multiple issues
6. › Partial success
7. › Apportionment
8. › Whether respondent should bear proportion of appellant's costs
1. Practice and Procedure
2. › Costs
3. › Appeal costs
4. › Relevance of unaccepted offer of settlement to costs of appeal
1. Practice and Procedure
2. › Costs
3. › Cross-appeal
4. › Costs of unsuccessful cross-appeal

Quick Take

Where an appellant is partially successful on appeal, the proportion of costs recoverable should reflect the relative time occupied by the issues on which each party succeeded and the significance of the reduction achieved. An unaccepted offer of settlement made prior to the hearing at first instance is not relevant to the determination of appeal costs.