McKerlie v State of New South Wales (No 2)

The case of McKerlie v State of New South Wales (No 2) involved a legal dispute between the plaintiff, McKerlie, and the State of New South Wales, concerning the issue of indemnity costs following an appeal from a Master's decision. The case was heard in the Supreme Court of New South Wales, where the plaintiff sought to overturn a decision made by a Master regarding the allocation of costs.

The primary legal issue before the court was whether the plaintiff was entitled to indemnity costs following the appeal from the Master's decision. The plaintiff argued that the Master's decision was incorrect, and that the appeal had been successful enough to warrant the award of indemnity costs. The State of New South Wales, on the other hand, contended that the appeal had not been successful enough to warrant such an award.

In its judgment, the court considered the nature of the appeal and the extent to which the plaintiff had succeeded in overturning the Master's decision. The court held that the appeal had been partially successful, but that the plaintiff had not demonstrated that it had been successful enough to warrant the award of indemnity costs. The court noted that indemnity costs were only awarded in exceptional circumstances, and that the plaintiff had not met the necessary threshold. As such, the court dismissed the plaintiff's application for indemnity costs.

In conclusion, the Supreme Court of New South Wales found that the plaintiff was not entitled to indemnity costs following the appeal from the Master's decision. The court held that while the appeal had been partially successful, it had not been successful enough to warrant the award of indemnity costs. The plaintiff's application was therefore dismissed, and no orders were made in favour of the plaintiff.