Real Estate Property Management Pty Ltd & Ors v WaterCorp Investments Pty Ltd

[2018] NSWCA 194

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Costs orders
4. › District Court Act 1973 (NSW), s 127(2)(b)
5. › Whether error in exercise of discretion more than merely arguable
6. › Whether costs of appeal disproportionate
1. Practice and Procedure
2. › Costs
3. › Costs following the event
4. › Successful party failing on majority of issues
5. › Whether issues clearly dominant or separable
6. › Whether unmeritorious claims materially increased costs
7. › Discretionary assessment
1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Whether different approach applies to successful plaintiffs compared to successful defendants
5. › Whether plaintiff pursuing claims bound to fail should be deprived of costs

Quick Take

There is no rule that a party successful on dominant or separable issues must receive its costs of those issues; the matter remains one for discretionary assessment, and the primary judge's advantage in evaluating the course of the trial will be given significant weight on any application for leave to appeal.