New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Costs


  1. 22/12/2016
    Costs: exclusion clause; construction; avoidance of consequences which are irrational and unjust; relevance of contra proferentem maxim; rule of last resort

    Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang  [2016] NSWCA 370
  2. 22/12/2016
    Costs: appeal from adverse costs orders; whether appeal as of right from failure to obtain third party costs order; whether conduct of former director attributable to insured for purposes of exclusion clause; Sanderson order; whether necessary to show conduct which induced or encouraged plaintiff to sue defendant

    Zhang v ROC Services (NSW) Pty Ltd; National Transport Insurance by its manager NTI Ltd v Zhang  [2016] NSWCA 370
  3. 22/12/2016
    Costs: indemnity costs; award of indemnity costs made by primary judge; basis of award for indemnity costs; whether order of primary judge should be disturbed; whether indemnity costs should be ordered against the appellant for the costs of the appeal

    Mohareb v Palmer  [2016] NSWCA 378
  4. 21/12/2016
    Costs: costs discretion under Civil Procedure Act 2005 (NSW), s 98; usual order as to costs under Uniform Civil Procedure Rules 2005 (NSW), r 42.1; whether proceedings “public interest litigation” such as to warrant departure from usual order as to costs; whether there should be no order as to costs on the basis that appeal rendered moot by supervening enactment of legislation

    Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2)  [2016] NSWCA 375
  5. 21/12/2016
    Costs: whether appellant’s conduct at first instance has consequences for costs of trial; importance of co-operation between the parties and a “cards on the table” approach to litigation

    Boral Limited v Foley & Bear Pty Ltd trading as J&R Industries  [2016] NSWCA 373
  6. 15/12/2016
    Costs: solicitors acting for themselves in proceedings; costs order made for “costs of representing themselves”; costs assessment; costs assessment on the basis of the solicitors’ professional costs

    Coshott v Barry  [2016] NSWCA 358
  7. 12/12/2016
    Costs: whether Bullock order appropriately made; whether unsuccessful party had conducted litigation in some manner that made it fair or appropriate to make a Bullock order; whether order for costs on indemnity basis should be made against unsuccessful party

    CGU Insurance Limited v AAI Limited  [2016] NSWCA 335
  8. 04/12/2016
    Costs: application for security for costs pursuant to s 1335(1) of the Corporations Act 2001 (Cth); security sought against appellant company; company owns no property; company has low share capital; no financial records in evidence

    Treloar Constructions Pty Limited v McMillan  [2016] NSWCA 302
  9. 24/11/2016
    Costs: claim for declaration that contract validly rescinded; success in proceedings below but each party ordered to pay own costs; application of UCPR, r 42.34; whether continuation of proceedings in Supreme Court warranted when District Court did not have jurisdiction to make declaration; whether the ground of denial of procedural fairness had sufficient prospects of success where the issue of costs was decided on the papers; whether there had been any substantial injustice resulting from the orders made by the primary judge; if Court of Appeal re-exercised any discretion, whether there was any real prospect that a substantial order for costs would have been made in favour of the applicant; whether the re-exercise of the court’s discretion would result in a different outcome concerning the applicant’s request for a Bullock order

    Gladio Pty Ltd v Buckworth  [2016] NSWCA 321
  10. 15/11/2016
    Costs: successful applicant’s costs ; whether costs should follow event; applicant’s success only partial; respondent made prompt concessions; both parties contributed to error in court below

    Hansell v Director of Public Prosecutions (NSW)  [2016] NSWCA 311