Gladstone Park Shopping Centre Pty Ltd v Ross Wills

The appeal in Gladstone Park Shopping Centre Pty Ltd v Ross Wills was brought by the appellants, Gladstone Park Shopping Centre Pty Ltd and Hersfield Developments Corporation Pty Ltd, against the order of Jenkinson J, dismissing their cross-claim against Ross Wills and Ross Wills & Associates Pty Ltd. The appellants sought indemnity or contribution in respect of the claims of Rosetta Aristotite. The primary judge ordered the appellants to pay the costs of Ross Wills and Ross Wills & Associates Pty Ltd of the unsuccessful cross-claim against them. The appeal was dismissed with costs by Northrop, Davies and Beaumont JJ. The court held that the discretion to award costs is wide and must be exercised judicially, taking into account the particular facts of the case. The court found that the primary judge exercised his discretion correctly, and that there was no error in the exercise of that discretion. The appeal was dismissed with costs.