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

[2022] NSWCA 178

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › General rule — costs follow the event
4. › Whether basis to displace usual order under UCPR r 42.1
5. › Successful appellant raised new point on appeal not argued at first instance
6. › Whether respondent's conduct as cause of entire litigation relevant to costs discretion
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Quick Take

Where a respondent's own conduct is the cause of the entire litigation, the fact that the successful appellant raised a new point on appeal not argued at first instance will not ordinarily displace the usual costs order under UCPR r 42.1.