Bacall and Zagar (No. 2)

The proceeding concerned an application by Bacall and Zagar (the applicant) against the respondent. The court was required to determine the appropriate costs order following earlier proceedings between the parties.

The central legal issue before the court was the basis upon which costs should be awarded. Specifically, the court had to consider whether the costs should be awarded on a standard or indemnity basis, and whether any exceptions should apply to the general rule.

The court ordered that the respondent pay the applicant’s costs of and incidental to the proceeding on an indemnity basis. However, an exception was made for any costs thrown away on 19 June 2019. These costs were to be assessed by a registrar of the court.