Cooper v Mulcahy; Mulcahy v Cooper (No 2)

This matter concerned an application for leave to appeal against a costs order made by Macready AsJ in the Supreme Court of New South Wales. The underlying dispute involved a claim by Mr Cooper under the *Property (Relationships) Act 1984* (NSW) and a cross-claim by Ms Mulcahy for assault. At trial, Mr Cooper succeeded in his property claim, while Ms Mulcahy succeeded on her assault cross-claim, though the damages awarded were significantly reduced.

The primary legal issues before the Court of Appeal were whether leave to appeal should be granted against the trial judge's costs order, and if so, what the appropriate allocation of costs should be. Specifically, the court considered the costs of the property claim and the costs of the assault cross-claim, where the trial judge had ordered Mr Cooper to pay 90 percent of Ms Mulcahy's costs.

The Court of Appeal refused leave to appeal against the costs order concerning the property claim. However, it set aside the trial judge's order regarding the costs of the assault cross-claim. The court reasoned that the trial judge's allocation of 90 percent of Ms Mulcahy's costs to Mr Cooper was disproportionate, given that Ms Mulcahy had succeeded on her cross-claim but the damages had been substantially reduced. Consequently, the court ordered that Mr Cooper pay 20 percent of Ms Mulcahy's costs of her cross-claim. Ms Mulcahy was ordered to pay the costs of the leave application.