Golden v V'landys (No 2)

The case of Golden v V'landys (No 2) involved the plaintiff, Golden, who sought a declaration that certain actions by the defendants, V'landys and others, were invalid. The dispute centred around the governance and administration of the Australian Football League (AFL). The matter was heard by the Federal Court of Australia. The court had to determine whether the defendants' conduct was unlawful and, if so, whether the plaintiff was entitled to a declaration of invalidity. Additionally, the court needed to decide the appropriate costs order in light of the defendants' success in the proceedings.

The primary legal issues before the court were whether the actions taken by the defendants were unlawful and, if they were, whether the plaintiff was entitled to a declaration of invalidity. The court also considered the appropriate costs order given the defendants' success in the proceedings. The court had to balance the principle that costs generally follow the event with the possibility of a different order in exceptional circumstances.

In delivering the judgment, the court found that the defendants were wholly successful in the proceedings. The court rejected the plaintiff's application that there be no order as to costs, concluding that the usual principle that costs follow the event applied. The court found no basis for a different order and held that there was no question of principle that would justify deviating from the usual costs order. The court determined that the defendants' success entitled them to an order for costs from the plaintiff.