FEDERAL COURT OF AUSTRALIA
Perera v GetSwift Limited (No 2) [2018] FCAFC 236
Appeal from: File numbers: NSD 950 of 2018
NSD 951 of 2018
NSD 964 of 2018Judges: MIDDLETON, MURPHY AND BEACH JJ Date of judgment: 20 December 2018 Catchwords: PRACTICE AND PROCEDURE – costs – where leave to appeal granted and appeal dismissed in two applications – where another application for leave and appeal partially successful Legislation: Federal Court of Australia Act 1976 (Cth) ss 33J, 33N, 33ZF, 37M Cases cited: Falcetta v Federal Commissioner of Taxation (2004) 56 ATR 194; [2004] FCAFC 194
Foots v Southern Cross Mine Management Pty Ltd (2007) 234 CLR 52
New South Wales v Nominal Defendant [2005] NSWCA 213
Oshlack v Richmond River Council (1998) 193 CLR 72
Perera v GetSwift Limited [2018] FCAFC 202
Date of hearing: Heard on the papers Date of last submissions: 4 December 2018 Registry: New South Wales Division: General Division National Practice Area: Commercial and Corporations Sub-area: Corporations and Corporate Insolvency Category: Catchwords Number of paragraphs: 31 Counsel for the Applicant in NSD 950 and 951 of 2018: Mr CA Moore SC and Mr WAD Edwards Solicitor for the Applicant in NSD 950 and 951 of 2018: Squire Patton Boggs Counsel for the Applicants in NSD 964 of 2018: Mr J Sheahan QC and Mr A Hochroth Solicitor for the Applicants in NSD 964 of 2018: Corrs Chambers Westgarth Counsel for the First Respondent in NSD 950 and 964 of 2018 and the Second Respondent in NSD 951 of 2018: Mr JT Gleeson SC and Mr A Shearer Solicitor for the First Respondent in NSD 950 and 964 of 2018 and the Second Respondent in NSD 951 of 2018: Quinn Emanuel Urquhart & Sullivan Counsel for the First Respondent in NSD 951 of 2018: Mr DG Collins QC and Dr O Bigos Solicitor for the First Respondent in NSD 951 of 2018: Phi Finney McDonald ORDERS
NSD 950 of 2018
BETWEEN: DWAYNE CAVAN SHANAHAN PERERA
Applicant
AND: GETSWIFT LIMITED (ACN 604 611 556)
First Respondent
JOEL MACDONALD
Second Respondent
JUDGES:
MIDDLETON, MURPHY AND BEACH JJ
DATE OF ORDER:
20 DECEMBER 2018
THE COURT ORDERS THAT:
1.The Applicant pay the costs of the First and Second Respondents, and 90% of the costs of Mr Raffaele Webb, of the application for leave to appeal and appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
NSD 951 of 2018
BETWEEN: DWAYNE CAVAN SHANAHAN PERERA
Applicant
AND: RAFFAELE WEBB
First RespondentGETSWIFT LIMITED (ACN 604 611 556)
Second Respondent
JOEL MACDONALD
Third Respondent
JUDGES:
MIDDLETON, MURPHY AND BEACH JJ
DATE OF ORDER:
20 DECEMBER 2018
THE COURT ORDERS THAT:
1.Orders 1 and 2 of the Orders of Justice Lee in NSD 580/2018 (the Proceeding) made…
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- AGLC
- Perera v GetSwift Limited (No 2) [2018] FCAFC 236
- Case
- [2018] FCAFC 236
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Court was the allocation of costs between the parties in light of the partial success of the Applicant's appeals. The Court had to consider the principles of costs in the circumstances, including the nature of the appeals, the outcome of the applications, and the conduct of the parties throughout the proceedings.
The Court found that the Applicant's appeals were only partially successful, as only one of the four grounds of appeal was upheld. The Court considered that the partial success did not justify the Applicant receiving costs from the Respondents. Instead, the Court ordered that the Applicant pay the costs of the First, Second, and Third Respondents and of Mr Raffaele Webb for the application for leave to appeal and appeal. The Court emphasised that the partial success of an appeal does not necessarily entitle the appellant to costs from the respondent.
The Court's orders reflect the principles of costs in Australian appellate practice, where the outcome and conduct of the parties are considered in determining the appropriate allocation of costs. The Court's decision serves as a reminder of the importance of the outcome and conduct of the parties in the allocation of costs in appellate proceedings.
Orders
Orders of the court
1. The Applicants pay the costs of the First, Second and Third Respondents and of Mr Raffaele Webb of the application for leave to appeal and appeal.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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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