Boz One Pty Ltd v McLellan

Boz One Pty Ltd and others sought to appeal against a decision of the Land and Environment Court of New South Wales in relation to costs. The appeal was dismissed. The respondents sought costs for the appeal and for the underlying proceedings. The first and second respondents had added the fourth respondent to the appeal, and the third respondent had brought a contingent appeal which was dismissed. The appellants sought to appeal against the orders for costs.

The court had to decide whether the appeal and the contingent appeals should be determined, the costs orders made by the primary judge, and the orders regarding the security for costs. The court found that the appeal and the contingent appeals were not determined as they were contingent on the appeal succeeding. The court found that the costs orders were appropriate and that the security for costs could be released if the taxed costs were likely to exceed the amount of the security.

The court dismissed the appeal and the contingent appeals. The court ordered the appellants to pay the first and second respondents’ costs of the appeal and to indemnify them for their costs liability to the fourth respondent. The court ordered the first and second respondents to pay the fourth respondent’s costs of the appeal. The court ordered the third respondent to pay the first and second respondents’ costs of the contingent appeal and ordered the appellants to pay the third respondent’s costs of its contingent appeal and to indemnify it for its costs liability to the first and second respondents. The court ordered that the security for costs could be released if the taxed costs were likely to exceed the amount of the security.

The court dismissed the appeal and the contingent appeals. The court made orders for costs and for the release of the security for costs.