Gray v Richards (No 2)

The High Court of Australia considered an appeal by Ms Gray against orders made by the Court of Appeal of the Supreme Court of New South Wales concerning costs. Mr Richards was the respondent in the High Court. The dispute revolved around the allocation of costs following earlier proceedings.

The High Court was required to determine the appropriate orders for costs in the High Court appeal, the Court of Appeal appeal, and the proceedings at first instance. This involved considering whether the Court of Appeal had erred in its previous cost orders and whether the High Court should substitute its own orders.

The High Court ordered that Mr Richards pay Ms Gray's costs of the High Court appeal. It also set aside the Court of Appeal's cost orders, substituting new orders. These new orders stipulated that Mr Richards pay Ms Gray's costs of the Court of Appeal appeal, with an exclusion for costs related to Mr Richards' challenge to the primary judge's costs judgment. The cross-appeal to the Court of Appeal was dismissed with no order as to costs. Finally, Mr Richards was ordered to pay Ms Gray's costs of the first instance proceedings, save for half of Ms Gray's costs during a specified period.