Bostik Australia Pty Ltd v Liddiard (No 2)

The appeal concerned the costs of proceedings in the New South Wales Court of Appeal between Bostik Australia Pty Ltd (appellant) and Mr Liddiard (first respondent), and Brolton (second respondent). The dispute arose from an appeal concerning the apportionment of liability and costs, particularly in relation to a trial and the appeal itself.

The primary legal issues before the Court of Appeal were whether the unsuccessful respondent should be held responsible for the joinder of the other respondent, and whether the conduct of the unsuccessful defendant at trial constituted a sufficient inducement or was otherwise unreasonable, impacting the costs order. Additionally, the court considered whether a costs order for an appeal with two severable issues, where the respondent was successful on one, should reflect this partial success.

The court varied the original costs order for the appeal, directing the first respondent, Mr Liddiard, to pay 40% of the appellant's costs, excluding those attributable to the apportionment between the appellant and the second respondent. The court also made orders regarding the costs of motions filed by both parties and varied the trial costs orders to reflect the judgment entered for the second defendant and the dismissal of cross-claims.