Angeleska v Vic & Ors

[2015] VSCA 213

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appellate costs
4. › Determination of success of respective parties on different issues
5. › Whether costs should follow the event where mixed success on multiple issues
1. Practice and Procedure
2. › Costs
3. › Appellate costs
4. › Relevance of issue not being the subject of decision below
5. › Whether abuse of process ground not decided below affects costs order
1. Practice and Procedure
2. › Costs
3. › Appellate costs
4. › Relevance of success on issue considered in obiter
5. › Whether success on ground resolved in obiter reduces costs liability

Quick Take

Success on a ground resolved only in obiter has reduced significance when determining costs in a multi-issue appeal. A party cannot avoid a costs order by pointing to success on an issue that did not affect the final disposition. An abuse of process finding is a risk an appellant bears even where the ground was not the subject of decision below, particularly where it was raised in the proceedings below.