Dunne v Rail Corporation,NSW (No 2)

Dunne brought proceedings against Rail Corporation,NSW, seeking compensation for injuries sustained in a train-related incident. The dispute came before the court for a determination regarding the apportionment of costs between the parties. The central legal issue before the court was the appropriate division of costs incurred during the proceedings. Specifically, the court had to decide the proportion of costs that the respondent, Rail Corporation,NSW, should bear in relation to the applicant's legal expenses.

The court considered the overall conduct of the proceedings and the respective positions of the parties. It determined that the applicant had been largely successful in the proceedings and that the respondent's conduct had been unreasonable in certain respects. Based on these findings, the court concluded that the respondent should bear a significant portion of the applicant's costs. The court set the proportion at three-quarters (75%) of the applicant's costs, reflecting the balance of success and the nature of the respondent's conduct.

In light of these considerations, the court ordered that the respondent pay 75% of the applicant's legal costs. The court further provided that if the parties could not agree on the amount of costs within 28 days, the matter would be referred to a costs assessor to determine the amount in accordance with the Legal Profession Act 2004.