DC v State of New South Wales (No 2)

The appeal concerned the costs of proceedings in the Supreme Court of New South Wales. The appellants, DC, had been unsuccessful at first instance against the second defendant, but had appealed that part of the decision. The appeal was brought by DC against the State of New South Wales, which was the first defendant in the original proceedings.

The primary legal issue before the Court of Appeal was the appropriate order for costs, both in relation to the appeal itself and the proceedings in the court below. Specifically, the court had to determine whether the appellants were liable for the costs of the second defendant, and if so, to what extent. The court also considered whether there was any basis for a *Bullock* order in favour of the appellants.

The Court of Appeal held that the costs of the appeal should follow the event, meaning the respondent (the State of New South Wales) should pay the appellants’ costs of the appeal. Regarding the costs of the proceedings in the court below, the court ordered that the first defendant pay the plaintiff’s costs of the proceedings against the first defendant. The court found no basis for a *Bullock* order in favour of the appellants, and determined that the appellants were liable for the costs of the second defendant only to the extent those costs were incurred separately from the first defendant.

The court ordered that the respondent pay the appellants’ costs of the appeal. Further, in each of the proceedings, the first defendant was ordered to pay the plaintiff’s costs of the proceedings against the first defendant.