Lormine Pty Ltd & Anor v Xuereb (No 2)

Lormine Pty Ltd and another (appellants) appealed to the Court of Appeal of New South Wales against an order made by the District Court. The dispute concerned the costs of a trial that had previously been heard in the District Court.

The primary legal issue before the Court of Appeal was whether the District Court had erred in its previous order regarding the costs of the trial, and consequently, what the appropriate order for those costs should be. The court also considered the costs of the appeal application itself.

The Court of Appeal, in its discretion, determined that the previous order for trial costs was not appropriate. The court reasoned that a different approach to costs was warranted, leading to a variation of the original order. The court applied principles relating to the exercise of discretion in awarding costs.

In lieu of the previous order for the trial costs, the defendants were ordered to pay the plaintiff's costs in the District Court on a party and party basis. Furthermore, the appellants' costs of the application before the Court of Appeal were ordered to be paid by the respondent.