Michael Wilson & Partners Limited v Emmott (No. 2)

The case between Michael Wilson & Partners Limited and Emmott was heard in the Supreme Court of New South Wales. The dispute revolves around costs, specifically the competing motions for costs between the parties. Michael Wilson & Partners Limited sought a costs order following their successful motion, while Emmott sought an apportionment of costs. The legal issues at hand required the court to determine whether the usual order of costs following the event should be departed from and if costs should be apportioned as requested by Emmott. The court had to balance the principle that costs orders should reflect the practical outcome of motions heard with the discretion to depart from the usual order in exceptional circumstances.

The court considered the principles that guide the awarding of costs in litigation, emphasising that the usual order is to follow the event. However, the court also recognised the discretion to depart from this order if there are exceptional circumstances that warrant such a departure. In this instance, the court examined the practical outcome of the motions heard and the rationale behind the apportionment sought by Emmott. The court held that there were no exceptional circumstances present to justify a departure from the usual order of costs. The court concluded that the costs orders should reflect the practical outcome of the motions heard, adhering to the established principle that the party who succeeds in a motion for costs generally bears their own costs.

Given the court's findings, the usual order of costs following the event was upheld. The court did not find any grounds for apportionment of costs as requested by Emmott. Consequently, Michael Wilson & Partners Limited was awarded their costs of the motion. The court's decision underscores the importance of adhering to the usual order of costs unless there are exceptional circumstances that necessitate a departure. The outcome serves as a reminder that courts must carefully consider the principles and discretion available when determining costs orders.