Cambria Green Agriculture & Tourism Management Pty Ltd v Attorney-General (No 2)

[2021] TASFC 10

Tasmania Full Court

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Costs following the event
5. › Whether successful appellant entitled to costs where respondent did not seek impugned order below
6. › Whether late concession of ground of appeal justifies departure from usual costs order
1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Mixed success on grounds of appeal
5. › Whether issue-by-issue approach to costs warranted
6. › Whether unsuccessful ground significantly increased costs of appeal

Quick Take

A respondent who contests an appeal and does not concede an error until oral argument cannot avoid a costs order by arguing the expense was not caused by its conduct. An issue-by-issue approach to costs where an appeal succeeds on some grounds but not others is exceptional and will not be adopted where the unsuccessful ground did not significantly increase the costs of the appeal.

Case Details

Citation[2021] TASFC 10

CourtTASFC

JurisdictionTasmania

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Relies on1

2003Burnie Port Corporation Pty Ltd v Bank of Western Australia Limited & AnorTASSC 132

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