Il Vizio Corp Pty Ltd v Cashflow Finance Australia Pty Ltd (No 2)

Il Vizio Corp Pty Ltd appealed a judgment of the District Court of New South Wales in favour of Cashflow Finance Australia Pty Ltd. The appeal was allowed. The present proceedings concerned an application for costs in relation to the proceedings at first instance.

The primary legal issue before the Court of Appeal was whether an order for costs should be made pursuant to rule 42.35 of the Uniform Civil Procedure Rules 2005 (NSW) on the basis that the continuation of the proceedings in the District Court was warranted.

The Court of Appeal reasoned that while the appeal had been allowed, the proceedings at first instance had been complex and had involved significant issues. The court considered that the continuation of the proceedings in the District Court had been warranted, notwithstanding the ultimate outcome of the appeal. Accordingly, the court ordered that the appellant pay the respondent 10% of the respondent’s costs of the proceedings at first instance in the District Court of New South Wales.