Conder v Silkbard No 2

The appellants, Conder and others, sought orders from the Court of Appeal of New South Wales against the respondent, Silkbard No 2. The dispute concerned the costs of a summons.

The central legal issue before the Court of Appeal was whether the respondent should be ordered to pay the appellants' costs of the summons, given that the summons was considered misconceived.

The Court of Appeal found that the summons had been misconceived and, applying the general rule that costs follow the event, ordered the respondent to pay the appellants' costs of the summons.