Campbell v Backoffice Investments Pty Ltd

Case [2009] HCA 36


HIGH COURT OF AUSTRALIA

FRENCH CJ
GUMMOW, HAYNE, HEYDON AND KIEFEL JJ

DOUGLAS RONALD CAMPBELL AND ANOR  APPELLANTS

AND

BACKOFFICE INVESTMENTS PTY LTD
AND ANOR  RESPONDENTS

Campbell v Backoffice Investments Pty Ltd [No 2]
[2009] HCA 36
23 September 2009
S435/2008

ORDER

1.        Respondents to pay appellants' costs of the proceedings in this Court.

2.The costs of proceedings in the Court of Appeal of the Supreme Court of New South Wales and of the proceedings at trial be in the discretion of the Court of Appeal.

On appeal from the Supreme Court of New South Wales

Representation

A J L Bannon SC with J T G Gibson for the appellants (instructed by Rodd Peters Commercial, Media and European Lawyers)

J T Gleeson SC with T L Wong for the respondents (instructed by Watson Mangioni Solicitors)

Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Campbell v Backoffice Investments Pty Ltd [No 2]

Procedure – Costs.

Federal Proceedings (Costs) Act 1981 (Cth), s 6.

  1. FRENCH CJ, GUMMOW, HAYNE, HEYDON AND KIEFEL JJ.   On 29 July 2009, the Court published its reasons for decision in this matter.  The Court made orders allowing the appeal, refusing special leave to cross‑appeal, setting aside certain of the orders of the Court of Appeal of the Supreme Court of New South Wales made on 19 May 2008 and remitting the matter to that Court for further hearing and determination.

  2. In the course of the hearing in this Court, the parties sought the opportunity to make further submissions as to costs after the publication of the Court's reasons.  Accordingly, when making orders disposing of the appeal and the application for special leave to cross‑appeal, the Court gave directions to the parties about filing and serving written submissions about costs.  Each side has now made its submissions.

  3. There is no dispute that the appellants should have their costs of the proceedings in this Court.  They differ about whether, as the respondents submitted, enforcement of the order for payment of the costs of the proceedings in this Court should be deferred until the proceedings in the Court of Appeal are completed.  They further differ about what orders should be made in respect of:  first, the costs of proceedings to date in the Court of Appeal, and secondly, the costs of trial.

  4. There is no reason to make an order deferring enforcement of the order for costs in this Court.

  5. As for the other points of difference between the parties, the appellants submit that they should have their costs for proceedings in the Court of Appeal so far.  The appellants further submit they should now have an order giving them half of their costs of the trial, and that the balance of the costs of trial should be in the discretion of the Court of Appeal on remitter.  By contrast, the respondents submit that the costs of the proceedings at trial and the proceedings in the…

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AGLC
Campbell v Backoffice Investments Pty Ltd [2009] HCA 36
Case
[2009] HCA 36
Decision Date

CaseChat Overview and Summary

The High Court of Australia heard an appeal concerning costs between the appellants, Campbell and others, and the respondents, Backoffice Investments Pty Ltd and others. The dispute revolved around the appropriate allocation of costs following proceedings in the High Court, the Court of Appeal of New South Wales, and at trial.

The central legal issue before the High Court was the determination of who should bear the costs of the High Court proceedings, and how the costs of the lower courts should be handled. Specifically, the court was required to decide whether the general rule that costs follow the event should apply to the High Court appeal, and whether to remit the costs of the Court of Appeal and trial proceedings back to that court for determination.

The High Court ordered that the respondents pay the appellants' costs of the proceedings in the High Court. This decision suggests that the appellants were successful on appeal. Furthermore, the High Court determined that the costs of the proceedings in the Court of Appeal of the Supreme Court of New South Wales and the proceedings at trial should be determined by the Court of Appeal itself, indicating a delegation of discretion for those lower court costs.

Orders

Orders of the court

1. Respondents to pay appellants' costs of the proceedings in this Court.

2. The costs of proceedings in the Court of Appeal of the Supreme Court of New South Wales and of the proceedings at trial be in the discretion of the Court of Appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

FRENCH CJ CJ, GUMMOW, HAYNE, HEYDON AND KIEFEL JJ

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Ratio Decidendi

Legal Principle Established

Established by: FRENCH CJ, CJ, GUMMOW, HAYNE, HEYDON AND KIEFEL JJ

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