Elite Protective Personnel Pty Ltd v Salmon (No 2)

Elite Protective Personnel Pty Ltd (the appellant) appealed a decision of the primary judge. The respondent, Mr Salmon, had been successful in his claim against the appellant. The appeal concerned the appellant's liability and the quantum of damages awarded. The appeal was heard by Beazley JA, McColl JA, and Basten JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the general rule that costs follow the event should be departed from, and if so, to what extent, given that the appellant had abandoned two grounds of appeal during the hearing and ultimately failed on the remaining ground.

The Court of Appeal determined that a departure from the usual order was warranted. While the appellant had abandoned two grounds, the remaining ground on which it failed was substantial and required significant consideration by the court. However, the abandonment of the other grounds meant that the respondent had not been required to prepare for or argue those aspects of the appeal. Consequently, the court ordered that the respondent should pay seventy-five per cent of the costs of the appeal, reflecting the partial success and the impact of the abandoned grounds. The respondent was also to have a certificate under the Suitors' Fund Act 1951 if otherwise qualified.