Cambridge v Anastasopoulos (No 2)

This matter concerned an appeal from a decision of the District Court of New South Wales. The respondent had succeeded against the three appellants at trial. The appellants appealed the trial decision, and on appeal, the quantum of damages awarded to the respondent was reduced. The appeal court was required to determine the appropriate orders for the costs of both the trial and the appeal, given the mixed success of the parties.

The court considered the principles governing the award of costs in circumstances where an appeal partially succeeds. The court noted that the respondent had been successful at trial, but the appellants had achieved a reduction in the damages awarded on appeal. This mixed outcome necessitated a careful consideration of how the costs of both the trial and the appeal should be allocated. The court applied the general principle that costs follow the event, but also took into account the degree of success achieved by each party.

The court ordered that the existing costs orders made by the District Court in relation to the trial proceedings between the appellants and the respondent be confirmed. For the appeal, the court ordered that the respondent pay 10 per cent of the costs of the appeal incurred by the first and third appellants. No order was made as to the costs of the appeal between the second appellant and the respondent, meaning each party was to bear their own costs of the appeal. These orders were specifically noted as not affecting any existing costs orders relating to interlocutory applications made during the appeals.