Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2)

In *Doppstadt Australia Pty Ltd v Lovick & Son Developments Pty Ltd (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the costs of proceedings where there had been a mixed outcome. The primary judge had made an order on 18 April 2013, and a subsequent order on 21 May 2014. The appeal sought to vary these orders, particularly in relation to the award of interest and costs.

The central legal issue before the Court of Appeal was whether to depart from the general rule that costs follow the event, given the mixed success of the parties in the proceedings. This involved determining the practical result of the claim and whether the circumstances warranted a deviation from the usual costs order.

The Court of Appeal varied the primary judge's order regarding interest, awarding the second plaintiff interest from 1 March 2005 to 27 February 2013 in the amount of $155,679.38. Crucially, the Court ordered that, subject to a prior order made on 21 May 2014, there be no order for costs in the Court of Appeal. This decision reflects the court's assessment of the overall outcome and the application of principles governing costs in cases with a mixed result.