Connector Park Pty Ltd v RV Pty Ltd (No 2)

Case

[2019] TASFC 2

26 March 2019


Details
AGLC Case Decision Date
Connector Park Pty Ltd v RV Pty Ltd (No 2) [2019] TASFC 2 [2019] TASFC 2 26 March 2019

CaseChat Overview and Summary

In *Connector Park Pty Ltd v RV Pty Ltd (No 2)*, the Full Court of the Supreme Court of Western Australia considered an application for costs following an appeal and a cross-appeal. The dispute concerned the apportionment of costs between the parties after a prior decision.

The primary legal issue before the Full Court was how to allocate the costs of the appeal and the cross-appeal, given that neither party had achieved complete success. The court was required to determine the appropriate percentage of costs each party should bear in relation to both the appeal and the cross-appeal.

The court applied the general rule that costs follow the event, but acknowledged that this rule could be modified where there was partial success. In this instance, the court determined that the appellant should pay 90% of the respondent's costs of the appeal, reflecting the appellant's limited success. Conversely, the respondent was ordered to pay the appellant's costs of the cross-appeal, indicating the appellant's greater success in that regard. The quantum of these costs was to be agreed between the parties or, failing agreement, taxed.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Appeal

  • Remedies

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