Levi v Swaab (No 2)

Levi and Swaab were involved in a legal dispute, with Levi as the plaintiff and Swaab as the defendant. The matter was heard in the Supreme Court of Victoria. The central issue in this case was whether the plaintiff was entitled to costs after the proceedings were discontinued, and whether the order made in favour of the plaintiff was conditional on the payment of the defendant’s costs.

The court examined the general rule that costs follow the event of the proceedings. The plaintiff sought to recover costs despite the proceedings being discontinued. The court held that the order made in favour of the plaintiff was conditional on the payment of the defendant’s costs. As the condition was not satisfied, the plaintiff was not entitled to recover costs. The court emphasised the importance of the terms of any order made in the proceedings, particularly when it comes to the allocation of costs. The court found that the plaintiff had failed to meet the condition set out in the order, which meant that they were not entitled to recover costs.

The court dismissed the plaintiff's application for costs, holding that the order made in favour of the plaintiff was conditional on the payment of the defendant’s costs. The court emphasised that the terms of any order made in the proceedings are crucial when it comes to the allocation of costs. The plaintiff's failure to satisfy the condition set out in the order meant that they were not entitled to recover costs.