Event and Time
Event Description
This case concerns the appeal and costs orders from the decision made in Croc's Franchising Pty Ltd v Alamdo Holdings Pty Ltd [2023] NSWCA 256 and related matters regarding the judgment on a Commercial List, including the release of funds paid into court.
Application and Claims
The appellants (Croc's Franchising Pty Ltd) sought an appeal against the original ruling which resulted in significant damages awarded to the first respondent (Alamdo Holdings Pty Ltd), and they argued for a higher percentage of costs incurred during the appeal.
Judicial Decisions
- First respondent (Alamdo) ordered to pay 70% of the appellants’ costs of the appeal filed 19 August 2021.
- No order for costs related to the proceedings on the Amended Commercial List Statement filed 19 August 2021.
- Release of $184,190.14 paid into court by the appellants back to Alamdo.
- Release of $110,000 paid into court by the appellants for Alamdo's costs back to the appellants.
Dispute Points and Legal Basis
Dispute Points
- Appellants' Claims:
- Argued that they were substantially successful in the appeal, significantly reducing the judgment amount (from over $987,000 to $189,279.87). - Claimed that Alamdo led the court into error regarding whether Croc's was an "impacted lessee" under the COVID Regulation. - Requested an order that Alamdo pays 80% of the appeal costs.
- Respondent's Claims:
- Accepted that costs should be apportioned but suggested a lower share, stating they should only pay 30% as they were partially successful, winning on most raised issues. - Argued that the appellants should be responsible for 30% of incurred costs of the proceedings below based on their own limited success.