Haigh v Haddad (No 2)

The respondents, Haigh, sought a gross sum costs order for proceedings against the appellant, Haddad, following the dismissal of his appeal against a costs order made by an Associate Justice. The appeal was dismissed, and the respondents sought a gross sum costs order for the entire proceedings. The appeal centred on whether the costs of the proceedings giving rise to the appeal should be included in the gross sum costs order.

The court considered whether the appeal proceedings were effectively joined to the proceedings before the Associate Justice for the purpose of costs. It was noted that the appeal proceedings were not a continuation of the earlier proceedings but were separate and distinct. However, the appeal proceedings were considered ancillary to the primary proceedings, and the court found it appropriate to include the costs of the appeal in the gross sum costs order. The court emphasised the importance of proportionality in costs orders and the need to consider the overall fairness and reasonableness of the order.

The court concluded that it was appropriate to make a gross sum costs order for the entire proceedings, including the costs of the appeal. The appeal was dismissed, and the respondents were granted their application for a gross sum costs order. The court highlighted the importance of ensuring that costs orders reflect the true nature of the proceedings and the need to consider the overall fairness and proportionality of the order.