Jones v Trad (No 3)

In Jones v Trad (No 3), the appellants, having succeeded on only a limited number of grounds of appeal in a matter where the substantive case was not yet finally decided, sought orders regarding the costs of the appeal. The respondent also sought indemnity costs based on a rejected offer of settlement. The court was required to determine whether the costs of the appeal should follow the event, whether the failure to accept the settlement offer warranted a departure from the ordinary rule as to costs, and whether leave was required to address the issue of costs under s 119(1A) of the *Administrative Decisions Tribunal Act 1997* (NSW).

The court reasoned that while the appellants had achieved some success, it was not a complete victory, and the substantive proceedings remained unresolved. Consequently, the ordinary rule that costs follow the event was applied, but with a modification to reflect the limited success. Regarding the offer of settlement, the court found that the circumstances did not justify an award of indemnity costs against the appellants. The court also determined that leave was not required to address the costs of the appeal under the relevant legislative provision.

The court ordered that the respondent pay the appellants' costs of the appeal on an ordinary basis, excluding the costs associated with the appellants' application for redaction of published reasons. Furthermore, the Appeal Panel's prior costs order of 18 March 2013 was set aside, and the question of costs for the Appeal Proceedings was remitted to the Appeal Panel for determination, taking into account the outcome of the appeal.