Stanley Rural Community Inc v Stanley Pastoral Pty Ltd; Stanley Pastoral Pty Ltd v Stanley Rural Community Inc (No 2)

[2018] VSCA 104

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Discretion to award costs
4. › Successful respondent on appeal
5. › Whether successful respondent entitled to costs where it succeeded on point not raised below
6. › Distinction between position of successful appellant and successful respondent
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148
1. Practice and Procedure
2. › Costs
3. › Appellate review of costs orders
4. › Whether primary judge acted on wrong principle or failed to take into account relevant considerations
5. › House v The King (1936) 55 CLR 499
1. Practice and Procedure
2. › Costs
3. › Security for costs
4. › Whether successful party on security application entitled to costs of that application regardless of outcome of substantive proceedings

Quick Take

A successful respondent on appeal is not to be equated with a successful appellant who raises a new point for the first time; the respondent is entitled to defend the decision below on any ground open to it, and the authorities concerning denial of costs to successful appellants raising new points do not apply with equal force to successful respondents. A party who successfully obtains security for costs is entitled to the costs of that application regardless of the ultimate costs order in the substantive proceedings.