Onslow v Cullen (No 2)

In the case of Onslow v Cullen, the respondents sought an order for the appellants to pay the respondents' costs from the date of the original judgment and up until the date of the appeal. This followed a first instance decision where the appellants had been ordered to pay the respondents' costs of and incidental to an appeal from the original judgment, but only from the date of the appeal. The matter was heard by the Full Court of the Federal Court of Australia. The appeal was allowed, and the matter remitted to the trial judge for the assessment of the respondents' costs from the date of the original judgment.

The legal issue before the court was whether the respondents were entitled to an order for the appellants to pay the respondents' costs of and incidental to an appeal from the date of the original judgment. The court considered the proper interpretation of the relevant statute and case law. The court found that the appellants were liable to pay the respondents' costs of and incidental to the appeal, including the costs incurred from the date of the original judgment. The court held that the statute in question imposed a liability to pay the costs of and incidental to the appeal, which included the costs incurred from the date of the original judgment.

The court found that the appellants were liable to pay the respondents' costs of and incidental to the appeal, including the costs incurred from the date of the original judgment. The court held that the relevant statute imposed a liability to pay the costs of and incidental to the appeal, which included the costs incurred from the date of the original judgment. The court also noted that the appeal was not frivolous or vexatious, and that the appellants had not acted unreasonably in pursuing the appeal. Accordingly, the court remitted the matter to the trial judge for the assessment of the respondents' costs from the date of the original judgment.

The court ordered that the appeal be allowed, and that the matter be remitted to the trial judge for the assessment of the respondents' costs from the date of the original judgment. The court also noted that the appellants were liable to pay the respondents' costs of and incidental to the appeal, including the costs incurred from the date of the original judgment. The court held that the relevant statute imposed a liability to pay the costs of and incidental to the appeal, which included the costs incurred from the date of the original judgment.