Gaye (No 1) Pty Ltd v Allan Rowlands Holdings Pty Ltd

The High Court of Australia considered an application concerning costs in a matter between Gaye (No 1) Pty Ltd and Allan Rowlands Holdings Pty Ltd. Following the Court's judgment delivered on 30 June 1993, the parties were granted liberty to file written submissions regarding costs in the courts below. These submissions have now been filed, leading to the Court's determination of the costs order.

The primary legal issue before the High Court was the appropriate allocation of costs incurred in the courts below, specifically in relation to an oral application before Kearney J. and the appeal to the Court of Appeal of the Supreme Court of the Northern Territory. The Court was required to determine whether to uphold or vary the existing costs orders made by the Court of Appeal.

The High Court set aside paragraphs 3(b) and 4 of the order of the Court of Appeal of the Supreme Court of the Northern Territory. In their place, the Court ordered that the respondent (Allan Rowlands Holdings Pty Ltd) pay the appellant's (Gaye (No 1) Pty Ltd) costs of the oral application before Kearney J. Furthermore, the respondent was ordered to pay the appellant's costs of the appeal to the Court of Appeal. The Registrar was also directed to draw up an order reflecting a consent order dated 5 August 1993, signed by the solicitors for both parties.