Ryde Developments Pty Ltd v The Property Investors Alliance Pty Ltd (No 2)

[2018] NSWCA 40

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Apportionment of costs
4. › Mixed outcome
5. › Where successful party unsuccessful on separable and discrete issues
6. › Broad-brush evaluation
7. › Civil Procedure Act 2005 (NSW), s 98
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Whether successful appellant should be deprived of portion of costs
5. › Where matters upon which appellant unsuccessful took up significant and separable part of appeal
1. Practice and Procedure
2. › Costs
3. › Re-exercise of discretion as to trial costs
4. › Where appellate court varies outcome below
5. › Single costs order preferred where issues significantly intertwined
1. Practice and Procedure
2. › Costs
3. › Whether successful party should be deprived of costs on account of wrongful conduct necessitating proceedings
4. › Ritter v Godfrey principle

Quick Take

Where a successful appellant fails on separable and discrete issues that take up a significant portion of the appeal, the court will apportion costs on a broad-brush basis reflecting the proportion of time and monetary value attributable to the successful issues. A party whose wrongful conduct necessitated proceedings is not thereby deprived of costs where the opposing party was not obliged to resist the application and the breach was relevant only to the issue on which the opposing party succeeded.