AMA Group Limited v ASSK Investments Pty Limited (No 2) [2021] NSWCA 116

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: AMA Group Limited v ASSK Investments Pty Limited (No 2) [2021] NSWCA 116 Hearing dates: On the papers Date of orders: 03 June 2021 Decision date: 03 June 2021 Before: Bell P; Leeming JA; Emmett AJA Decision: The Respondent pay 50% of the Appellant's costs of the appeal. Catchwords: COSTS – where successful appellant succeeds on appeal on a point different to that made orally at first instance – where departure from argument made orally (but not in writing) at first instance justifies a partial departure from usual rule that costs follow the event – question of discretion in all the circumstances of the case. Cases Cited: Ex parte Hauxwell (1883) 23 ChD 626 Hussey v Horne-Payne (1878) 8 ChD 670 National Australia Bank Limited v K.D.S. Construction Services Pty Ltd (In Liq) (1987) 163 CLR 668; [1987] HCA 65 Category: Costs Parties: AMA Group Limited (Appellant) ASSK Investments Pty Limited (Respondent) Representation: Counsel:

M Green SC with M Cobb-Clark (Appellant)

Solicitors:

Robbins Watson Solicitors (Appellant) TPS & Co Lawyers (Respondent) File Number(s): 2020/364329 Publication restriction: N/A Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity – Commercial List Citation: [2020] NSWSC 1756 Date of Decision: 7 December 2020 Before: Hammerschlag J File Number(s): 2020/155544