M, Da v P, N (No2)

The case before the court involved the parties M, Da (the plaintiff) and P, N (the defendant), who were in a de facto relationship. The plaintiff sought a property adjustment under the De Facto Relationships Act, following the breakdown of their relationship. The court was tasked with determining the appropriate costs and interest following the judgment.

The primary legal issues the court needed to address were whether the plaintiff was entitled to costs that followed the event, and if so, at what level those costs should be certified. Additionally, the court had to decide whether the plaintiff was entitled to interest on the amount awarded from the date of the trial to the date of judgment.

The court ruled that there was no principle requiring each party to bear its own costs in such proceedings. It held that since the plaintiff's judgment exceeded the defendant's filed offer, which was not deemed adequate, the costs should follow the event. The plaintiff was not entitled to have their costs certified for two counsel, but rather for senior counsel. The court also noted that the plaintiff's conduct did not warrant a departure from the usual rule that costs follow the event. Consequently, the defendant was ordered to pay the plaintiff's costs on a party/party basis, to be agreed upon or taxed. Additionally, the court found that the plaintiff was entitled to interest at a rate of 6.5% per annum from the date of trial to the date of judgment, given that both parties had proceeded on the basis that a monetary sum was payable to the plaintiff.

The final orders of the court were that the defendant must pay the plaintiff's costs on a party/party basis, to be agreed upon or taxed, and that the plaintiff is entitled to interest at 6.5% per annum from the date of trial to the date of judgment.