Kumaran v Employsure Pty Ltd (No 2)

The appeal concerned the costs of proceedings at first instance and the costs of the appeal itself, following a different outcome on appeal. The parties involved were the plaintiff, Kumaran, and the defendants, Employsure Pty Ltd.

The court was required to determine whether costs should follow the event in the proceedings at first instance, or if a fractional costs order was more appropriate. Additionally, the court had to consider the costs of the appeal.

The court ordered that the plaintiff pay 65 per cent of the defendants’ costs of the proceedings at first instance. The respondent was ordered to pay the appellants’ costs of the appeal. For clarity, it was specified that the order for costs of the appeal did not include any costs referable to the "protectable interest" issue.