Knight v The State of South Australia & Anor(No 2)

The appellant, Knight, brought proceedings against the respondents, The State of South Australia and another party. The dispute concerned the costs awarded in a prior legal matter. The appeal was heard by the Full Court of the Supreme Court of South Australia.

The central legal issue before the Full Court was whether the appellant should be ordered to pay the respondents' costs of the appeal. This required the Court to consider the general rule that costs follow the event and the principles governing the exercise of discretion in awarding costs.

The Court applied the well-established principle that, in the absence of exceptional circumstances, the unsuccessful party in litigation should bear the costs of the successful party. As the appellant was unsuccessful in their appeal, the Court exercised its discretion to order the appellant to pay the respondents' costs.

The Court ordered that the appellant must pay the respondents’ costs.