Brierly v Biggs and Sons Development P/L and 1 Or

The appeal concerned the appropriate orders for costs arising from a dispute between Peter Brierly (appellant) and Biggs and Sons Development Pty Limited and Summercraft Blinds, Awnings & Security Pty Limited (respondents). The primary dispute involved cross-claims between the parties, and the appeal to the Court of Appeal focused on the allocation of costs associated with these cross-claims.

The central legal issues before the Court of Appeal were whether the respondent, Biggs and Sons Development Pty Limited, was entitled to the costs of the first cross-claim, and conversely, whether the appellant, Peter Brierly, was entitled to the costs of the second cross-claim. The court was required to determine the correct application of cost principles in light of the outcomes of these cross-claims.

The Court of Appeal allowed the appeal, setting aside the original "no order for costs" order made by the court below. The court reasoned that the successful party on each cross-claim should generally be awarded their costs. Accordingly, Biggs and Sons Development Pty Limited was ordered to pay the costs of Peter Brierly. Furthermore, Summercraft Blinds, Awnings & Security Pty Limited was ordered to pay the costs of Biggs and Sons Development Pty Limited, including the costs that Biggs was liable to pay Brierly. Finally, Summercraft Blinds was also ordered to pay the costs of both Brierly and Biggs and Sons Development Pty Limited in relation to the application and the appeal itself.