Mills v Walsh (Costs)

[2023] NSWCA 97

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Party and party costs
4. › Proceedings discontinued by one appellant
5. › Whether discontinuing appellant ratified solicitors' conduct in filing appeal
6. › Whether discontinuing appellant jointly and severally liable for costs up to date of discontinuance
7. › Whether basis to displace usual order under r 42.19
8. › Uniform Civil Procedure Rules 2005 (NSW), rr 42.19, 51.56
9. › Civil Procedure Act 2005 (NSW), s 98

Quick Take

A party who authorises a Notice of Intention to Appeal and fails to clearly repudiate the filing of a Notice of Appeal may be taken to have ratified the appeal by conduct, and will bear costs consequences as a discontinuing party under r 42.19 UCPR.