Xiao v BCEG International (Australia) Pty Ltd (No 2)

[2023] NSWCA 87

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Costs on appeal
4. › Apportionment of costs
5. › Mixed outcome on appeal
6. › Whether costs should be apportioned between issues on which parties respectively succeeded and failed
7. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
1. Practice and Procedure
2. › Costs
3. › Costs at first instance
4. › Re-exercise of costs discretion on appeal
5. › Whether disentitling conduct of successful party justifies departure from default rule
6. › Whether manner in which successful argument was raised at first instance justifies departure from default rule

Quick Take

Success on appeal measured by monetary consequences alone will not determine costs apportionment; the time and complexity of issues on which a party failed will significantly reduce costs recovery, and disentitling conduct at first instance can displace the default costs rule even for a party that ultimately succeeds on appeal.