HARDING & ANOR -v- ESSEY & ANOR [2005] WASCA 30 (S)
| SUPREME COURT OF WESTERN AUSTRALIA | Citation No: | [2005] WASCA 30 (S) | |
| THE FULL COURT (WA) | |||
| Case No: | FUL:132/2002 | 17 NOVEMBER 2004 | |
| Coram: | STEYTLER J MCLURE J PULLIN J | 4/03/05 | |
| 30/06/05 | |||
| 13 | Judgment Part: | 1 of 1 | |
| Result: | Orders as to costs of trial and appeal | ||
| B | |||
| PDF Version |
| Parties: | MARLENE ANNE HARDING PINEGATE HOLDINGS PTY LTD FRED JOSEPH ESSEY ALL-FECT DISTRIBUTORS LTD |
Catchwords: | Practice and procedure Costs One plaintiff succeeds entirely at trial and on appeal One plaintiff fails entirely The defendants succeed entirely on the counterclaim on appeal No new point of principle |
Legislation: | Rules of the Supreme Court 1971 (WA), O 24A, O 66 r 2(b), (c) Supreme Court Act 1935 (WA), s 32 |
Case References: | Ellingsen v Det Skandinaviske Compani [1919] 2 KB 567 Godden v Alford [1960] WAR 235 Harding & Anor v Essey & Anor [2005] WASCA 30 Hendrie v Rusli [2000] WASCA 420 Permanent Building Society v Wheeler (No 2) (1993) 10 WAR 569 Re Elgindata Ltd (No 2) [1993] 1 All ER 232 Sloane v McDonald & Sutherland, unreported; FCt SCt of WA; Library No 980012; 22 January 1998 Ottway v Jones [1955] 2 All ER 585 |
JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA TITLE OF COURT : THE FULL COURT (WA) CITATION : HARDING & ANOR -v- ESSEY & ANOR [2005] WASCA 30 (S) CORAM : STEYTLER J
- MCLURE J
PULLIN J
DECISION : 30 JUNE 2005 FILE NO/S : FUL 132 of 2002 BETWEEN : MARLENE ANNE HARDING
- First Appellant (First Defendant)
PINEGATE HOLDINGS PTY LTD
Second Appellant (Second Defendant)
AND
FRED JOSEPH ESSEY
First Respondent (First Plaintiff)
ALL-FECT DISTRIBUTORS LTD
Second Respondent (Second Plaintiff)
(Page 2)
ON APPEAL FROM:
Jurisdiction : SUPREME COURT OF WESTERN AUSTRALIA
Coram : HASLUCK J
Citation : ESSEY & ANOR -v- HARDING & ANOR [2002] WASC 209
File No : CIV 1190 of 1998
Catchwords:
Practice and procedure - Costs - One plaintiff succeeds entirely at trial and on appeal - One plaintiff fails entirely - The defendants succeed entirely on the counterclaim on appeal - No new point of principle
Legislation:
Rules of the Supreme Court 1971 (WA), O 24A, O 66 r 2(b), (c)
Supreme Court Act 1935 (WA), s 32
Result:
Orders as to costs of trial and appeal
Category: B
Representation:
Counsel:
First Appellant (First Defendant) : Dr J T Schoombee
Second Appellant (Second Defendant) : Dr J T Schoombee
First Respondent (First Plaintiff) : Mr K L Christensen
Second Respondent (Second Plaintiff) : Mr K L Christensen
Solicitors:
First Appellant (First Defendant) : Phillips Fox
Second Appellant (Second Defendant) : Phillips Fox
First Respondent (First Plaintiff) : Christensen Vaughan
Second Respondent (Second Plaintiff) : Christensen Vaughan
(Page 3)
Case(s) referred to in judgment(s):
Ellingsen v Det Skandinaviske Compani [1919] 2 KB 567
Godden v Alford [1960] WAR 235
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- Harding v Essey [2005] WASCA 30 (S)
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- [2005] WASCA 30 (S)
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CaseChat Overview and Summary
The issue before the court was whether the trial judge's order as to costs of the appeal was correct. The court noted that the plaintiff who appealed had succeeded entirely on the trial and appeal, and that the other plaintiff had failed entirely. The defendants had succeeded entirely on the counterclaim on appeal. The court noted that there was no new point of principle.
The court found that the trial judge had not erred in ordering the plaintiffs to pay the defendants' costs of the appeal. The court noted that the plaintiff who appealed had succeeded entirely on the appeal, and that there was no new point of principle. The court noted that the other plaintiff had failed entirely, and that the defendants had succeeded entirely on the counterclaim on appeal. The court found that the order as to costs of the appeal was correct.
The court dismissed the appeal and made orders as to costs of the trial and appeal.
Orders
Orders of the court
Orders as to costs of trial and appeal
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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