SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
COURT OF APPEAL
Case Title: | Wu v Wu (No 3) |
Citation: | [2024] ACTCA 35 |
Hearing Date: | On the papers |
Decision Date: | 16 December 2024 |
Before: | Mossop, Baker & McWilliam JJ |
Decision: | (1) The costs order made on 14 November 2024 is confirmed, with the respondent to pay the appellant’s costs of the appeal and of the proceedings at first instance. |
Catchwords: | COSTS – costs on appeal and at first instance – where appeal allowed – application to vary costs order – whether appellant succeeded on point not argued at first instance – whether respondent substantially successful on appeal |
Legislation Cited: | Court Procedures Rules 2006 (ACT) rr 1705, 1721(1), 5001 |
Cases Cited: | Clarkson Williams Partners Pty Ltd v Vaughan (No 2) [2016] ACTCA 8 Elite Protective Personnel Pty Ltd v Salmon (No 2) [2007] NSWCA 373 EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; 234 CLR 52 Gray v Richards (No 2) [2014] HCA 47; 89 ALJR 113 Kone Elevators Pty Ltd v Shipton [2021] ACTCA 33 Latoudis v Casey (1990) 170 CLR 534 |
Parties: | Chin-Sheng Wu ( Appellant) Angela Chien-Kuang Wu ( Respondent) |
Representation: | Counsel D Moujalli ( Appellant) M Hassall ( Respondent) |
| Solicitors Thomson Geer ( Appellant) KJB Law ( Respondent) | |
File Number: | ACTCA 7 of 2023 |
Decision Under Appeal: | Court: ACT Supreme Court Before: Loukas-Karlsson J Date of Decision: 23 December 2022 Case Title: Wu v Wu Citation: [2022] ACTSC 360 |
The Court:
1․Two judgments have been delivered in this appeal proceeding. The first found that error at first instance had been established: Wu v Wu [2024] ACTCA 8 (Wu). The second dealt with the consequences of the findings of this Court: Wu v Wu (No 2) [2024] ACTCA 29 (Wu (No 2)).
2․One of the orders made in Wu (No 2) was that the respondent pay the appellant’s costs of the appeal and of the proceeding at first instance.
3․The respondent has applied to vary that order, seeking that the appellant pay the costs of the trial and the respondent pay the costs of the appeal. Alternatively, the respondent seeks that each party pay their own costs of the trial and of the appeal. The appellant opposes the application.
4․The basis for the respondent’s application on costs was that the appellant succeeded on a point not run below. In written submissions, the respondent relied in part on a concession made by the appellant during oral argument on the appeal which, following receipt of supplementary submissions on the appeal from each party, was not accepted by the Court, as explained at length in Wu at [78]-[104].
5․The respondent’s submission fails to appreciate that while parties may be bound by the way in…
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- AGLC
- Wu v Wu (No 3) [2024] ACTCA 35
- Case
- [2024] ACTCA 35
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the costs order should be varied, specifically in light of the fact that the appellant had succeeded on a point that was not argued at first instance, and whether the respondent could be considered substantially successful on appeal.
The court confirmed the existing costs order, reasoning that despite the appellant succeeding on a point not raised at first instance, the overall outcome of the appeal favoured the appellant. The court found that the respondent was not substantially successful on appeal, and therefore the original order that the respondent pay the appellant's costs of both the appeal and the first instance proceedings was to be upheld.
Orders
Orders of the court
(1) The costs order made on 14 November 2024 is confirmed, with the respondent to pay the appellant’s costs of the appeal and of the proceedings at first instance.
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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