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Supreme Court judgments

Supreme Court judgments

By Greg Reinhardt

Advocacy Judgment 

Non-party costs Wieland & Ors v Texxcon Pty Ltd & Ors [2017] VSCA 73 (unreported, 31 March 2017, No S APCI 2013 0093, Beach JA and Cameron AJA The Court has power to make an order for costs against a person who is not a party to a proceeding: Supreme Court Act 1986 (Vic) s24. The appellants had successfully appealed orders for damages which had been made against them in proceedings brought by Texxcon Pty Ltd and Nominexx Pty Ltd (the respondents). The Court of Appeal had ordered that the respondents pay the appellants’ costs at first instance and on appeal (see Wieland v Texxcon Pty Ltd [2014] VSCA 199). Special leave to appeal to the High Court was refused. The cost orders being unsatisfied, the appellants sought supplemental costs orders against the sole directors and shareholders of Texxcon Pty Ltd, Messrs Gray and Henderson.

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