Donohue v Volanne Pty Ltd (No 3)

[2021] ACTCA 20

ACT Court of Appeal19 August 2021

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Special costs orders
4. › Indemnity costs
5. › Whether unsuccessful application for leave to appeal warranted departure from party and party basis
6. › Whether conduct amounted to relevant delinquency
7. › Court Procedures Rules 2006 (ACT), rr 1721, 1751, 1752
1. Practice and Procedure
2. › Costs
3. › Summary judgment costs rule
4. › Whether r 1152(1) applies to application for leave to appeal from summary judgment decision
5. › Court Procedures Rules 2006 (ACT), r 1152

Quick Take

A party's refusal to withdraw an application for leave to appeal after receiving a letter identifying its weaknesses does not, without more, amount to relevant delinquency warranting a special costs order where the application was arguable though ultimately unsuccessful. Rule 1152(1) of the Court Procedures Rules 2006 (ACT), which provides for indemnity costs in summary judgment applications, does not apply to applications for leave to appeal from summary judgment decisions.