Chanter v Catts (No 2)

In *Chanter v Catts (No 2)*, the appellant sought an order for costs of the first-instance proceedings. The dispute arose from a de facto relationship, and the outcome of the first-instance proceedings was that the appellant achieved a substantially more favourable result than an offer previously made by the respondent.

The primary legal issue before the Court of Appeal was whether the appellant should be awarded costs of the first-instance proceedings, notwithstanding the general rule that costs follow the event. This question turned on whether the appellant's success in achieving a result significantly better than the respondent's offer warranted a departure from the usual order.

The Court of Appeal reasoned that the appellant's superior outcome in the first-instance proceedings, compared to the respondent's offer, justified an order for costs in favour of the appellant. The court applied the principle that where a party achieves a result substantially more favourable than an offer made by the other party, it is appropriate to order the unsuccessful party to pay the costs of the proceedings.

Consequently, the respondent was ordered to pay the appellant's costs of the proceedings at first instance.