Floruit Holdings Pty Ltd v Sebastian - Builders & Developers Pty Ltd

Floruit Holdings Pty Ltd and others (the appellants) appealed to the Court of Appeal of New South Wales against a costs order made by Gibb DCJ in the District Court concerning the determination of a separate question. Sebastian - Builders & Developers Pty Ltd was the respondent. The dispute revolved around who should bear the costs associated with the hearing of that separate question.

The primary legal issue before the Court of Appeal was whether the appellants were entitled to the costs of the determination of the separate question in the District Court. The court also considered the costs of the appeal itself.

The Court of Appeal found in favour of the appellants. It reasoned that the respondent should pay the appellants' costs of and incidental to the appeal. Furthermore, the court set aside the previous costs order made by Gibb DCJ regarding the hearing of the separate question and ordered that the respondent pay the appellants' costs of and incidental to that hearing. The court also granted the respondent a certificate under the Suitors' Fund Act 1951 (NSW), provided the respondent met the conditions stipulated in section 6(7) of that Act.