AMA Group Limited v ASSK Investments Pty Limited (No 2)

[2021] NSWCA 116

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs of appeal
4. › Successful appellant shifting argument on appeal from position taken orally at first instance
5. › Whether departure from usual rule that costs follow the event justified
6. › Discretionary nature of costs jurisdiction

Quick Take

Embracing a proposition put by the trial judge and then departing from it on appeal may result in a reduction in recoverable costs even if the appeal succeeds.

Case Details

Citation[2021] NSWCA 116

CourtNSWCA

JurisdictionNew South Wales

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Cited by1

2022Thumbiran v Silver Chef Rentals Pty Ltd; Thumbiran v Silver Chef Rentals Pty Ltd (No 2)NSWCA 178

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