Almeida v Universal Dye Works Pty Ltd (No 2)

In *Almeida v Universal Dye Works Pty Ltd (No 2)*, the appellant sought a "Bullock order" against an unsuccessful defendant in respect of the costs incurred by successful defendants, both at trial and on appeal. The proceedings had been dismissed at first instance, but the appeal was upheld in relation to only one of the defendants.

The central legal issue before the court was whether to grant a Bullock order, which would require the unsuccessful defendant to indemnify the successful defendants for their costs. This involved considering the circumstances under which such an order is appropriate, particularly when the unsuccessful defendant's conduct or the nature of the litigation has led to the successful defendants incurring costs that they would not otherwise have borne.

The court's reasoning focused on the principles governing Bullock orders. These orders are exceptional and are typically made where the unsuccessful party has brought a claim against multiple defendants, and it was reasonable for the plaintiff to sue all of them, even though only one was ultimately found liable. The court considered whether the unsuccessful defendant's actions or the way the litigation was conducted justified imposing the costs of the successful defendants onto the unsuccessful one.

The court ultimately made orders regarding the costs, the specifics of which are detailed in paragraph 16 of the judgment.