Council of the City of Ryde v Sally Haddad (as executrix of the estate of the late Dr Jim Haddad) (No 2)

[2018] NSWCA 147

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Unsuccessful respondent who filed submitting appearance after appellant's submissions
5. › Whether respondent should pay appellant's costs
6. › Whether offer to consent conditional on each party bearing own costs affects costs order

Quick Take

A respondent who actively participates in proceedings below, argues in support of an incorrect interpretation, and then files a submitting appearance only after the appellant has filed submissions will ordinarily be ordered to pay the appellant's costs, notwithstanding conditional offers to consent.

Case Details

Citation[2018] NSWCA 147

CourtNSWCA

JurisdictionNew South Wales

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