DSG Holdings Australia Pty Ltd v Helenic Pty Ltd (No 2)

DSG Holdings Australia Pty Ltd and another party appealed to the Court of Appeal of New South Wales against orders made by the primary judge. The dispute concerned the costs of proceedings, specifically whether interest should be awarded on those costs.

The central legal issue before the Court of Appeal was whether the primary judge erred in failing to order interest on the costs awarded to the respondents. The appellants sought to challenge the costs orders made by the primary judge, arguing that the exclusion of interest on those costs was an error.

The Court of Appeal considered the principles governing the award of costs and interest on costs. It was held that the primary judge had a discretion to award interest on costs, and that the failure to do so was not an error in the exercise of that discretion. The Court affirmed that the general rule of costs following the event applied, but that the specific award of interest on costs was a matter for the court's discretion, which had been properly exercised by the primary judge.

The Court of Appeal ordered that the first and second appellants pay the respondents' costs of the appeal, with provision for any unrecovered costs to be costs in the winding up of the third respondent.