James Spittles v Michael's Appliance Services Pty Ltd & Ors [No 2]

In *James Spittles v Michael's Appliance Services Pty Ltd & Ors [No 2]*, the Court of Appeal of New South Wales was concerned with an application for costs following an earlier appeal. The appellant, James Spittles, had appealed against a decision of the primary judge, and the second and third respondents were Michael's Appliance Services Pty Ltd and another party. The core of the dispute, as it reached the Court of Appeal in this instance, revolved around the appropriate order for costs.

The primary legal issue before the Court of Appeal was whether there were any exceptional circumstances or questions of principle that would justify departing from the usual rule that costs follow the event. The court was required to consider the conduct of the parties and the overall merits of the appeal in determining the appropriate cost order.

The court determined that there was no question of principle involved in the costs application. Applying the general rule that costs should follow the event, the court found no reason to deviate from this principle. Consequently, the court ordered that the appellant, James Spittles, was to pay the costs of the second and third respondents.