Battunga Country Lions Club v Paues (No 2)

The appeal concerned the costs of proceedings between the Battunga Country Lions Club (appellant) and Paues (first respondent) and another party (second respondent). The dispute arose from an earlier decision of the court, and the current proceedings focused on the allocation of costs associated with the appeal.

The primary legal issues before the Full Court were how to apportion the costs of the appeal, particularly in light of the abandonment of certain grounds of appeal by the appellant. The court was required to determine the extent to which each party should bear the costs of the appeal, considering the overall outcome and the conduct of the parties during the appeal process.

The Court ordered that the appellant pay the second respondent's costs of the appeal up to 1 March 2021 on a party/party basis. Furthermore, the appellant was ordered to pay the first respondent's costs that were thrown away due to the abandonment of specific grounds of appeal on 1 March 2021. Subject to this order regarding abandoned grounds, the first respondent was to pay the appellant's costs of the appeal on a party/party basis.