El-Debel v Micheletto (Trustee) (No 2) [2021] FCAFC 146 (17 August 2021) (Markovic, Derrington and Colvin JJ)


Catchwords:


COSTS – determination of costs in related appeals where appellants partially successful – consideration of appropriate exercise of court’s discretion to order costs – where partial success in first appeal on ground relating to second appellant – where appellants submitted respondents engaged in disentitling conduct in rejecting offer of settlement preemptorally and in communication of rejection – whether appropriate for court to consider disentitling conduct in exercise of discretion – order in first appeal made for appellants to pay respondents’ costs with liability of second appellant limited – order in second appeal made for appellant to pay substantial percentage of respondents’ costs