Access Training Group Ltd v Jane

• 1. Contract
  2. › Characterisation of payments
  3. › Whether payments constituting loan or fee for service
  4. › Relevance of contemporaneous documents
  5. › Relevance of internal accounting records
  6. › Common assumption between parties
• 1. Costs
  2. › General rule that costs follow the event
  3. › Departure from general rule
  4. › Mixed success on multiple issues
  5. › Identification of relevant 'event' for purposes of r 42.1
  6. › Apportionment of costs on impressionistic basis
  7. › Whether defensive proceedings warrant different treatment
  8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
  9. › Civil Procedure Act 2005 (NSW), s 98
• 1. Appeal
  2. › Appeal from discretionary costs order
  3. › Whether House v The King error established
  4. › Whether primary judge failed to address principles justifying departure from general costs rule
  5. › Supreme Court Act 1970 (NSW), s 101(2)(c)
• 1. Appeal
  2. › Competency of cross-appeal
  3. › Whether leave required where cross-appeal originally included substantive grounds
  4. › Whether cross-appeal becomes incompetent when substantive grounds fall away leaving only costs
  5. › Supreme Court Act 1970 (NSW), s 101(2)(c)

Quick Take