Costs of Appeal Partially Allowed in NSW Court of Appeal Case
⚖️ Legal holding
An appellant is entitled to costs of the appeal on a party/party basis, even if partially successful, unless the final judgment sum is less than an offer of compromise made by the respondent.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The appellant was significantly successful on appeal, increasing the verdict from $196,191.00 to $282,317.10.
- The respondent's pre-trial offer of compromise was not renewed or varied during the appeal.
- The appellant established error in a substantial matter, which contributed to his success on appeal.
- The issue of non-economic loss was intertwined with economic loss, so costs for it were not deducted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about the amount of compensation awarded for past and future economic loss and superannuation.
What was the argument that mattered most?
The argument that mattered most was that the appellant was partially successful on the appeal, and therefore entitled to costs of the appeal on a party/party basis.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the appeal was allowed in part and the awards for past and future economic loss and superannuation were increased.
What does this mean for someone in a similar situation?
Someone in a similar situation may be entitled to costs of the appeal on a party/party basis if they are partially successful on the appeal.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.