Findex Group Pty Ltd v McKay (No 2)

Findex Group Pty Ltd (the appellant) appealed a decision of the Supreme Court of the Australian Capital Territory. The dispute concerned the assessment of costs following earlier proceedings. The appeal was heard by Mossop, McWilliam and Taylor JJ of the Supreme Court of the Australian Capital Territory.

The primary legal issue before the Court was whether costs should be withheld from the successful party, and whether solicitor-client or indemnity costs should be awarded. Specifically, the Court considered whether the length of the Notice of Appeal warranted a departure from the usual order for party-party costs.

The Court reasoned that while the appellant was the successful party in relation to the costs order under appeal, the excessive length of the Notice of Appeal was a relevant factor in the assessment of costs. The Court noted that the registrar had the discretion to disallow costs associated with unnecessarily lengthy documents. Accordingly, the Court ordered that the costs the subject of the earlier order were not to be assessed until the conclusion of the first instance proceedings. The registrar was directed to consider the draft and final Notices of Appeal and to disallow costs if they were found to be unnecessarily lengthy, pursuant to rule 1754(2) of the Court Procedures Rules 2006 (ACT).