Yeung v Santosa Realty Co Pty Ltd [No 2]

[2020] VSCA 29

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of trial below following successful appeal
4. › Apportionment of liability set aside on appeal
5. › Complete indemnity ordered
6. › Whether unsuccessful respondent should pay successful appellant's trial costs
7. › Whether unsuccessful respondent denied opportunity to obtain contribution from co-party

Quick Take

Where an appellate court determines that one party must completely indemnify another in respect of all liability to a plaintiff, the indemnifying party may also be required to bear the indemnified party's trial costs on the basis that but for the indemnifying party's breach, the indemnified party would not have been sued and there would have been no proceeding to defend.

Case Details

Citation[2020] VSCA 29

CourtVSCA

JurisdictionVictoria

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Relies on2

2020Yeung v Santosa Realty Co Pty LtdVSCA 7
2019Potter v Yeung & AnorVCC 10

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