Keys Consulting Pty Ltd v CAT Enterprises Pty Ltd [No 2]

[2019] VSCA 169

Victorian Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Mixed success on appeal
5. › Apportionment of costs
6. › Whether pragmatic approach warranted where multiplicity of issues and mixed success
1. Practice and Procedure
2. › Costs
3. › Costs of trial
4. › Whether appellate success warrants variation of trial costs orders
5. › Whether partial success on appeal sufficient to disturb costs orders below

Quick Take

Where an appellant fails on liability but substantially succeeds on damages quantification, a 75% costs order in the appellant's favour may be appropriate. Partial success on appeal does not necessarily warrant variation of trial costs orders where the respondent remains substantially successful below.