Mandie v Memart Nominees Pty Ltd [No 2]

[2020] VSCA 320

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs on appeal
4. › Mixed success on appeal
5. › Whether costs should follow the event
6. › Broad pragmatic approach to apportionment
7. › Each party to bear own costs of appeal
1. Practice and Procedure
2. › Costs
3. › Costs of proceeding below after successful appeal
4. › Mixed success
5. › Proportionate costs order
6. › Whether appellants entitled to full costs or proportion
7. › Appellants awarded 50 per cent of costs below

Quick Take

Where an appellant succeeds in setting aside a dismissal order but fails on the central substantive issues at trial and on appeal, a broad pragmatic approach to costs may result in each party bearing their own costs of the appeal and the appellant recovering only a proportion (here 50 per cent) of costs below.