Korda v Aldi Foods Pty Ltd (No 2)

[2017] ACTSC 153

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

Korda v Aldi Foods Pty Ltd (No 2)

Citation:

[2017] ACTSC 153

Hearing Date(s):

Written submissions filed on 19 June 2017

DecisionDate:

26 June 2017

Before:

Robinson AJ

Decision:

See orders below.

Catchwords:

PROCEDURE – Costs – no question of principle.

Parties:

Jenna Korda (Appellant)

Aldi Foods Pty Ltd (Respondent)

Representation:

Counsel

Mr J Purnell SC with Mr D Richards (Appellant)

Mr N Polin SC (Respondent)

Solicitors

Maliganis Edwards Johnson (Appellant)

Ken Cush and Associates (Respondent)

File Number(s):

SCA 85 of 2016

Decision under appeal: 

Court:  Magistrates Court of the ACT

Before:  Magistrate Theakston

Date of Decision:         2 November 2016

Case Title:  Jenny Korda v Aldi Foods Pty Limited and Brice Australia (NSW) Pty Limited

Citation: [2016] ACTMC 11

ROBINSON AJ:

1. On 8 June 2017, I delivered judgment in the main proceedings in this matter, Korda v Aldi Foods Pty Ltd [2017] ACTSC 96.

1. In this case I reserved the question of costs at the request of the parties and then received written submissions so that a decision might be made on the papers. I received submissions and some correspondence between the parties.

1. I consider that the circumstances of this case as argued on appeal do justify a differentiation between the two issues contested. I have given consideration to differing arithmetic formulations to give effect to this situation. On balance, I believe that orders, adhering to the principle concerned, best achieve justice.

Order

1. Accordingly, my orders and directions are as follows-

(a)Order that the Appellant pay the Respondent’s costs of the Cross Appeal.

(b)Order that the Respondent pay the Appellant’s costs of the Appeal.

(c)Order that the Plaintiff is to pay the Defendant’s costs of the proceedings in the Magistrates Court on a party/party basis up to 18 August 2016 and thereafter on a solicitor/client basis.

(d)Direct that upon taxation, amounts found in favour of a party may be set off.

I certify that the preceding four [4] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Robinson.

Associate:

Date: 26 June 2017