Camenzuli v Morrison (No 2)

The plaintiff, Camenzuli, brought proceedings against the first, second, third, and eighth defendants, who were jointly represented. The dispute concerned the plaintiff's claim, which was ultimately unsuccessful. The matter was heard by the New South Wales Court of Appeal.

The primary legal issues before the Court of Appeal were whether the jointly represented defendants were entitled to an award of costs against the unsuccessful plaintiff, and whether the plaintiff should be ordered to pay the costs of a joinder motion that had lapsed. The court also considered the principle of making a single award of costs where parties share the same interest.

The Court of Appeal applied the principle that where parties have a common interest and are represented jointly, a single award of costs is generally favoured. The court found that the first, second, third, and eighth defendants were entitled to their costs of the proceedings. Furthermore, the court determined that the plaintiff should bear the costs of the joinder motion, as it had lapsed following the rejection of the plaintiff's primary claim. The court referenced the decision in *Local Democracy Matters Inc v Infrastructure NSW (No 2)* [2019] NSWCA 118 in its reasoning.

The Court of Appeal ordered that the plaintiff pay the first, second, third, and eighth defendants’ costs of the proceedings, excluding any costs incurred after 8 April 2022. All other applications for costs were dismissed.