Boz One Pty Ltd v McLellan (No 2)

[2015] VSCA 145

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeal costs
4. › Multiple parties
5. › Third party proceedings on appeal
6. › Whether costs principles applicable to third party proceedings at trial apply by analogy to contingent appeals and cross-appeals
7. › Bullock orders
8. › Sanderson orders
9. › Supreme Court Act 1986 (Vic), s 24(1)
1. Practice and Procedure
2. › Costs
3. › Costs of joined party
4. › Party joined at instigation of respondent
5. › Whether respondent or appellant should bear joined party's costs
6. › Analogy with third party proceedings where plaintiff's claim fails
1. Practice and Procedure
2. › Security for costs
3. › Release of security
4. › Whether security should be released prior to taxation
5. › Evidence that taxed costs likely to exceed security amount
1. Practice and Procedure
2. › Contingent appeals
3. › Whether contingent appeal and cross-appeal should be formally dismissed where contingency not enlivened

Quick Take

Costs principles governing third party proceedings at trial — including the rule that a defendant whose third party claim fails because the plaintiff's claim fails must pay the third party's costs, and the availability of Bullock orders — apply by analogy to contingent appeals and cross-appeals. Security for costs may be released prior to taxation where evidence establishes that taxed costs are very likely to exceed the security amount.