Landrey v Director of Public Prosecutions (NSW) (No 2)

In *Landrey v Director of Public Prosecutions (NSW) (No 2)*, the unsuccessful plaintiff sought to have the costs order made against them varied. The dispute concerned the costs payable to two defendants who had appeared in the same interest and were jointly represented, despite both being emanations of the State. The matter came before the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the plaintiff should be ordered to pay the costs of two separate defendants, notwithstanding their joint representation and shared interest. The court was required to consider the principles governing the award of costs, particularly in circumstances where multiple parties with common interests are represented by the same legal team.

The Court of Appeal reasoned that it would be contrary to established principles to award costs to two defendants who were represented jointly and acted in the same interest. The court affirmed the principle that where parties share an interest and are jointly represented, a single award of costs is generally appropriate. To award separate costs in such a scenario would be to allow a duplication of costs that were not incurred.

Consequently, the Court of Appeal dismissed the motion filed by the first and second defendants seeking to vary the costs order. The court further ordered that the first and second defendants pay the plaintiff’s costs of the motion.