Mendonca v Legal Services Commissioner (No 2)

The parties to this proceeding were the Legal Services Commissioner and Mr Mendonca. The dispute concerned an application by Mr Mendonca for an order that the Legal Services Commissioner pay his costs of an appeal. The court hearing this matter was the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the general rule that costs follow the event should apply to the Commissioner's application. This involved considering the specific circumstances of the case and whether there were any exceptional reasons to depart from the usual order.

The Court of Appeal applied the general rule that costs follow the event, finding no exceptional circumstances to justify a departure. The Court reasoned that the Commissioner had been successful in its opposition to Mr Mendonca's application.

Accordingly, the Court of Appeal dismissed the motion dated 19 May 2020 and ordered that Mr Mendonca pay the Legal Services Commissioner's costs of the motion.