Firth v Wowk (No 2)

The appeal in *Firth v Wowk (No 2)* concerned an order made by a trial judge regarding costs. The Court of Appeal, comprising Giles JA, McColl JA, and Bell JA, considered the appropriate disposition of costs in circumstances where the trial judge's order was found to be unauthorised by the relevant statute.

The primary legal issue before the Court of Appeal was whether the trial judge had the power to make the specific costs order that was made. The Court also had to determine the consequential orders for costs, both at trial and on appeal, given that the trial judge's order was invalid. The Court noted that it was not required to decide whether the trial judge's underlying findings of fact were correct, as the appeal was upheld on a ground raised by the Court itself.

The Court reasoned that the order made at trial was not authorised by the relevant statute. Consequently, the Court set aside any costs order made by the trial judge in relation to the notice of motion as between Messrs Wowk and Donovan and Mr Firth. The Court further ordered that there be no order for the costs of the notice of motion as between those parties, nor any order for the costs of the appeal.