Baffico v YMCA of Great Lakes Inc (No 2)

In *Baffico v YMCA of Great Lakes Inc (No 2)*, the Court of Appeal of New South Wales considered an appeal concerning costs orders made in the District Court. The appellant had been successful on appeal, but the proceedings in the lower court had been dismissed due to the appellant's default in complying with orders and directions, with fault attributed to the appellant's solicitors.

The primary legal issue before the Court of Appeal was the appropriate costs order to be made in light of the appellant's success on appeal, despite their prior default in the lower court proceedings. This involved determining how to balance the general rule that costs follow the event with the circumstances of the appellant's solicitors' conduct and the dismissal of the proceedings in the District Court.

The Court of Appeal reasoned that while the appellant was successful on appeal, the default in the lower court proceedings warranted a departure from the usual costs order. The court acknowledged the fault of the appellant's solicitors and, in its orders, set aside the previous costs order made by the Judicial Registrar. The court ordered that the appellant's solicitors, Brydens Compensation Lawyers, pay the respondent's costs for specific hearings in the District Court. The costs of the District Court proceedings generally were reserved, and the respondent was ordered to pay 80% of the appellant's costs of the appeal.