Jess & Jess (No 2)

In the case of Jess & Jess (No 2), the parties involved were Jess and Jess, along with other respondents, who were engaged in a legal dispute that was brought before the court. The nature of the dispute centred around the applicants' appeal against a declaratory order made by a primary judge, specifically an order dismissing their application for the primary judge to recuse herself. The case was heard and decided by the court, which had to address the applicants' appeal and the associated costs implications.

The legal issues that the court had to decide included whether the applicants were entitled to an order for costs against the respondents and whether the appeal against the declaratory order was successful. The court also had to determine the appropriate amount of costs to be awarded, if any, in relation to the application for leave to appeal and the appeal against the declaratory order. Furthermore, the court had to consider the respective costs incurred by each party in the context of the application for leave to appeal and the appeal against the order dismissing the recusal application.

The court, after thorough consideration, determined that the applicants/appellants were not entitled to an order for costs against the respondents. It was found that the applicants' appeal against the declaratory order was unsuccessful, and therefore, no costs should be awarded in relation to the appeal. The court further concluded that the first respondent was entitled to be awarded costs in relation to the application for leave to appeal and the appeal against the declaratory order, in the sum of $163,242.42. Additionally, the respective applications for costs by the applicants/appellants and the third respondents were dismissed, and each party was to receive a costs certificate for their respective costs incurred in the proceedings.

In summary, the court ordered that the applicants/appellants pay the first respondent's costs in relation to the application for leave to appeal and the appeal against the declaratory order, in the sum of $163,242.42. The applicants' and third respondents' applications for costs were dismissed, and each party received a costs certificate for their respective costs incurred in the proceedings.