Hill v The Council of the Law Society of the ACT (No 2)

[2020] ACTCA 13

ACT Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Partial success on some grounds
5. › Whether appropriate to deprive successful party of costs where appellant succeeded on some issues but appeal ultimately dismissed
6. › Court Procedure Rules 2006 (ACT), rr 1163, 1721

Quick Take

Partial success on subsidiary issues (such as statutory interpretation) that does not affect the ultimate disposition of an appeal is insufficient to deprive the successful respondent of costs. The usual costs order will apply unless some good reason, such as unreasonable conduct by the successful party, is demonstrated.