Benson v Rational Entertainment Enterprises Ltd (No 2)

In *Benson v Rational Entertainment Enterprises Ltd (No 2)*, the Court of Appeal of New South Wales considered an appeal concerning costs following a judgment for the appellant (plaintiff) against the fourth respondent. The appellant had obtained judgment for US$285,000 plus interest against the fourth respondent, with all defendants being located in the Isle of Man. The appeal primarily concerned the discretion exercised by the primary judge regarding costs, particularly in light of the proceedings being commenced in the Supreme Court of New South Wales and a settlement offer made to all defendants.

The central legal issues before the Court of Appeal were whether the proceedings were appropriately commenced in the Supreme Court, whether the proceedings warranted continuation in that jurisdiction after jurisdiction was confirmed, and how a settlement offer made to all defendants affected the discretion of the court in awarding costs. The court was required to determine if the primary judge had erred in their assessment of costs, considering the circumstances of the litigation and the conduct of the parties.

The Court of Appeal, by consent, ordered judgment for the appellant against the fourth respondent in the sum of US$382,216.23. The court also ordered that the name of the second respondent be amended to "Amaya Group Limited" on all relevant documents. Regarding costs, the Court of Appeal varied the previous order to stipulate that the fourth respondent pay the appellant's costs of the appeal, excluding the costs associated with submissions on the form of the judgment, parties, and costs. The parties were to bear their own costs for those specific submissions. Furthermore, the fourth respondent was ordered to pay the plaintiff's costs at first instance.