Bechara v Cross

In *Bechara v Cross*, the applicant, Ms Bechara, a solicitor, appealed to the Court of Appeal of New South Wales against a costs order made by the District Court. The dispute concerned the recovery of professional fees owed by Ms Bechara's former clients, the defendants.

The primary legal issue before the Court of Appeal was whether the primary judge erred in ordering that each party bear their own costs incurred up to the date of an offer of compromise. This involved considering whether there was a "good reason" to depart from the general rule that costs follow the event.

The Court of Appeal reasoned that there was no good reason to depart from the general rule. It held that it was not incumbent upon Ms Bechara to refute allegations made against her by the defendants that were subsequently withdrawn. The court found no issue of principle that would justify the primary judge's order. Consequently, the appeal was allowed, the previous costs order was set aside, and orders were made for the defendants to pay Ms Bechara's costs up to a specified date, with certain exceptions for prior costs orders. The defendants were also granted a certificate under the Suitors' Fund Act 1951, if qualified.