Nom de Plume Nominees Pty Ltd v Fingal Developments Pty Ltd [No 2]

[2016] VSCA 233

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Mixed success on multiple issues
5. › Appeal costs
6. › Whether pragmatic approach to apportionment appropriate
1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Mixed success on multiple issues
5. › Trial costs
6. › Whether costs should be remitted to trial judge or determined by appellate court
1. Practice and Procedure
2. › Interest
3. › Calculation of interest on judgment sum
4. › Supreme Court Act 1986 (Vic), s 60
1. Practice and Procedure
2. › Security for costs
3. › Return of security following successful appeal
4. › Disbursement of monies held pursuant to earlier orders

Quick Take

Where an appellant is substantially successful on appeal but the respondent succeeds on some issues including the validity of a security and specific monetary claims, an 80/20 costs apportionment on appeal and 40/60 at trial may be appropriate. An appellate court may determine trial costs itself rather than remitting to the trial judge where doing so serves the overarching purpose of efficient dispute resolution.