Millsave Holdings Pty Ltd v Connective Group Pty Ltd [No 2]

Millsave Holdings Pty Ltd, as the appellant, sought costs associated with their appeal against Connective Group Pty Ltd, the respondent, following a trial in which they had been unsuccessful. The appeal court was required to determine the costs of the appeal and the trial, taking into account the conduct of the parties and the outcomes of the respective proceedings. The court had to decide whether the appellants' conduct of the appeal was unnecessarily complex and whether the respondent should pay a significant portion of the appellants' costs. Additionally, the court had to determine whether the successful respondent should receive indemnity costs at trial, considering the appellants' conduct and the outcomes of the proceedings.

The court found that the appellants' conduct of the appeal was unnecessarily complex, having raised 68 grounds of appeal, many of which were unsuccessful. The court considered this conduct when determining the costs of the appeal, ultimately ordering that the respondent pay 70% of the appellants' costs. The court also found that the successful respondent had received an order for indemnity costs at trial, which was undisturbed on appeal, despite the judgment being overturned on a significant issue. The court considered the appellants' conduct at trial, which was apt to give rise to additional costs, and ordered the appellants to pay 80% of the respondent's costs of trial.

In relation to interest on the repayment of amounts paid pursuant to orders at trial, the court found that it was inappropriate to apply a penalty rate. Instead, the interest rate was to be determined by reference to the RBA cash rate target from time to time. The court also considered the form of the order, ensuring it was clear and concise.

The court relied on the Appeal Costs Act 1998 and previous cases such as Chen v Chan [No 2] and Meerkin v Rossett Pty Ltd [No 2] to inform its decision. The court ultimately made orders in line with the above findings, ensuring that the costs awarded were fair and reasonable, considering the conduct of the parties and the outcomes of the proceedings.