In Evans v Paradigm Capital, ( 2019 )NSC 3046) Gans J was called upon to reconsider his trial award of costs after the Court of Appeal reduced the Plaintiff’s damages from $137,000 to $57,000.
At trial the Plaintiff was awarded costs of $171,000 plus disbursements . On the reconsideration of costs, for reasons which are not all that clear, Justice Gans said as the results were mixed, there would no order as to costs.
So originally the Plaintiff the Plaintiff won a total of $308,000.
After her failed appeal, she is only getting $57,000.
In other words by appealing, she lost over $250,000.
Remember the old adage:
Quit when you are ahead.