Batrouney v Forster (No 2)

[2016] VSCA 131

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Orders
3. › Remittal to Trial Division
4. › Whether proceeding should be remitted for calculation of amounts
5. › Whether respondent shut out from raising unresolved arguments in absence of notice of contention
1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Costs of trial following successful appeal
5. › Whether costs should be remitted to Trial Division or dealt with by Court of Appeal
1. Practice and Procedure
2. › Costs
3. › Costs of interlocutory application
4. › Costs of application to amend notice of application for leave to appeal
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending application for special leave to appeal to High Court
4. › Whether special or exceptional circumstances exist
5. › Whether refusal of stay would render appeal nugatory

Quick Take

Where an applicant for leave to appeal does not seek judgment for a specific sum in its application, the respondent cannot be criticised for failing to file a notice of contention addressing quantum, and the matter should be remitted for determination of unresolved issues rather than judgment being entered for the full amount claimed. An applicant for a stay pending special leave must identify a special leave point and demonstrate special or exceptional circumstances; the mere possibility of seeking special leave is insufficient.