Hemer Pty Ltd v Benni (No 3)

Hemer Pty Ltd (the appellant) appealed to the Full Court of the Supreme Court of South Australia against a decision of a trial judge who had refused to make declarations sought by the appellant or grant any other relief concerning the purported forfeiture of a 99-year lease over land in suburban Adelaide. The respondent was Benni.

The central legal issues before the Full Court concerned the appropriate orders for costs, particularly in light of the appellant's partial success on appeal. The court was required to consider whether to depart from the general rule that costs follow the event, taking into account the conduct of the appellant both at the trial and during the appeal proceedings.

The court acknowledged that the appellant had been successful on some issues raised in the appeal but unsuccessful on others. In determining the costs orders, the court considered the overall conduct of the appellant. The court ultimately made orders that reflected the mixed success of the appellant, indicating a departure from the standard costs order due to the specific circumstances and conduct of the parties.