AMA Group Limited v ASSK Investments Pty Limited (No 2) [2021] NSWCA 116 (03 June 2021) (Bell P; Leeming JA; Emmett AJA)


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.