Larsen v Tastec Pty Ltd (No 2)

[2023] NSWCA 141

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. › Setting aside and variation of costs orders
4. › Mixed success on appeal
5. › Whether to vary order awarding costs of appeal to successful appellants despite lack of success on all grounds
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Costs
3. › Costs of proceedings below
4. › Whether to reinstate costs order below where verdict set aside and matter remitted
5. › Whether preferable for costs to be determined on remitter
6. › Uniform Civil Procedure Rules 2005 (NSW), r 36.16
1. Practice and Procedure
2. › Costs
3. › Multiple issues
4. › Principles concerning costs orders where some issues successful and some unsuccessful

Quick Take

This case illustrates that where a verdict below is set aside and the matter remitted, the preferable course is for the costs of the original proceedings to be determined on remitter rather than reinstated, and that costs of the appeal will follow the event where the appellant succeeded on the most significant ground.