Farina & Lofts (No. 3)

In *Wagner v Farina & Lofts (No. 3)*, the applicant, Mr Wagner, sought costs orders against the first respondent, Mr Farina, following substantive proceedings. The dispute concerned liability for the fees of a single expert who had been joined to the proceedings.

The central legal issue before Carew J was to determine which party was liable for the single expert's fees as between the parties to the substantive proceedings, and to consider whether Mr Farina should contribute to Mr Wagner's costs.

Carew J found Mr Farina liable for the single expert's fees as between the parties. Furthermore, Mr Farina was ordered to contribute to the costs of the applicant in a fixed sum. The court determined that the circumstances of the case were not exceptional enough to warrant an order for indemnity costs.

Consequently, the court ordered that Mr Farina pay Mr Wagner’s costs fixed in the sum of $12,500, payable within 30 days of the order date. All other outstanding applications were dismissed.