Director General, Department of Education and Training v MT (No 2)

The Director-General of the Department of Education and Training (the Director-General) was the unsuccessful respondent in an appeal before the Court of Appeal of New South Wales. The Director-General sought to vary the costs order made at the conclusion of the appeal, specifically requesting that each party bear its own costs.

The central legal issue before the Court of Appeal was whether the general rule that costs follow the event should be departed from in this instance. The Court was required to consider the circumstances of the appeal and the conduct of the parties to determine if there were grounds to deviate from the standard costs order.

The Court ultimately determined that there were no sufficient grounds to depart from the usual rule. Consequently, the Court ordered that the Director-General, as the unsuccessful party, should pay the costs of the appeal. The Court also added a new order to confirm that the respondent (the party who succeeded in the appeal) would be entitled to a certificate under the Suitors' Fund Act 1951, provided they met the other eligibility criteria for such a certificate.