Boral Australian Gypsum Ltd & Anor v Victorian WorkCover Authority & Anor

[2015] VSCA 187

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Bullock order
5. › Third party proceedings
6. › Appeal from dismissal of third party proceeding commenced when unsuccessful plaintiff appealed in principal proceeding
7. › Whether plaintiff's conduct in commencing principal appeal precipitated second appeal
8. › Whether reasonable for defendant to bring third party appeal

Quick Take

Where a plaintiff's appeal precipitates a defendant's appeal in respect of third party proceedings, and it is reasonable for the defendant to bring the third party appeal, a Bullock order may be made requiring the plaintiff to bear the defendant's costs of the third party appeal and indemnify the defendant for costs payable to the third party. The fact that the third party claims were not resolved because the plaintiff's claim failed is not of decisive importance.