JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
TITLE OF COURT : THE COURT OF APPEAL (WA)
CITATION: CHITTLEBOROUGH -v- TROY GROUP PTY LTD [No 2] [2025] WASCA 4
CORAM: BUSS P
MITCHELL JA
VAUGHAN JA
HEARD: 21 NOVEMBER 2024
DELIVERED : 16 JANUARY 2025
FILE NO/S: CACV 10 of 2024
BETWEEN: GLENN CHITTLEBOROUGH
Appellant
AND
TROY GROUP PTY LTD
First Respondent
TROY SMSF PTY LTD AS TRUSTEE FOR THE TROY SUPERANNUATION FUND
Second Respondent
MARK ANTHONY AND GAIL ELAINE TROY as trustee for THE TROY FAMILY TRUST
Third Respondent
DELIA BREE TROY
Fourth Respondent
FILE NO/S: CACV 12 of 2024
BETWEEN: TROY GROUP PTY LTD
First Appellant
TROY SMSF PTY LTD AS TRUSTEE FOR THE TROY SUPERANNUATION FUND
Second Appellant
MARK ANTHONY AND GAIL ELAINE TROY as trustee for THE TROY FAMILY TRUST
Third Appellant
DELIA BREE TROY
Fourth Appellant
AND
GLENN CHITTLEBOROUGH
Respondent
ON APPEAL FROM:
Jurisdiction : DISTRICT COURT OF WESTERN AUSTRALIA
Coram: BLACK DCJ
Citation: TROY GROUP PTY LTD -v- CHITTLEBOROUGH [2023] WADC 151
File Number : CIV 4783 of 2018
Catchwords:
Practice and procedure - Costs - Costs orders - Whether Respondents should pay the Appellant's costs on the dismissed claims - Turns on own facts
Calculation of loss - Whether unpaid liabilities incurred by a third-party formed part of the Appellants' loss - Third-party subvention - Whether outstanding invoices constituted a genuine liability - Whether the Fourth Appellant had suffered any loss - Turns on own facts
Legislation:
District Court of Western Australia Act 1969 (WA), s 64, s 79
Rules of the Supreme Court 1971 (WA), O 66 r 1
Result:
Appeals dismissed
Category: B
Representation:
CACV 10 of 2024
Counsel:
| Appellant | : | J C Yeldon |
| First Respondent | : | C S Williams |
| Second Respondent | : | C S Williams |
| Third Respondent | : | C S Williams |
| Fourth Respondent | : | C S Williams |
Solicitors:
| Appellant | : | Huggins Legal |
| First Respondent | : | Solomon Brothers |
| Second Respondent | : | Solomon Brothers |
| Third Respondent | : | Solomon Brothers |
| Fourth Respondent | : | Solomon Brothers |
CACV 12 of 2024
Counsel:
| First Appellant | : | C S Williams |
| Second Appellant | : | C S Williams |
| Third Appellant | : | C S Williams |
| Fourth Appellant | : | C S Williams |
| Respondent | : | J C Yeldon |
Solicitors:
| First Appellant | : | Solomon Brothers |
| Second Appellant | : | Solomon Brothers |
| Third Appellant | : | Solomon Brothers |
| Fourth Appellant | : | Solomon Brothers |
| Respondent | : | Huggins Legal |
Case(s) referred to in decision(s):
Capitalink Pty Ltd v Withnall [2024] NSWCA 172
Currabubula Holdings Pty Ltd v State Bank of New South Wales [2000] NSWSC 232
Howards Storage World Pty Ltd v Haviv Holdings Pty Ltd [2010] FCAFC 5; (2010) 182 FCR 84
National Insurance Co of New Zealand Ltd v Espagne (1961) 105 CLR 569
Rasch Nominees Pty Ltd v Bartholomaeus [2013] SASCFC 105
Rasch Nominees Pty Ltd v Bartholomaeus [No 3] [2013] SASC 14
Redding v Lee (1983) 151 CLR 117
Strzelecki Holdings Pty Ltd v Jorgensen [2019] WASCA 96; (2019) 54 WAR 388
JUDGMENT OF THE COURT:
Summary
The court is dealing with…
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- Case
- [2025] WASCA 4
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining several legal issues. These included whether the respondents should be liable for the appellant's costs on the dismissed claims, whether unpaid liabilities incurred by a third-party formed part of the appellant's loss, and if outstanding invoices constituted a genuine liability. The court also needed to assess whether the fourth appellant had suffered any loss and whether the case was unique enough to warrant a different outcome.
In reaching its decision, the court examined the specific facts of the case. It concluded that the calculation of loss and the consideration of third-party subvention were matters that needed to be resolved based on the unique circumstances of this case. The court determined that outstanding invoices did not necessarily constitute a genuine liability and that the fourth appellant's loss needed further substantiation. Based on these findings, the court ruled that the respondents were not required to pay the appellant's costs on the dismissed claims.
The court's final orders reflected its reasoning. The respondents were not ordered to pay the appellant's costs on the dismissed claims, and the specific issues of loss calculation and third-party liabilities were left to be resolved in future proceedings. This decision underscored the importance of evaluating each case on its unique facts when determining costs orders in legal disputes.
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