Minogue v Rudd (No 2)

In *Minogue v Rudd (No 2)*, the New South Wales Court of Appeal considered an appeal and cross-appeals concerning costs. The primary dispute involved an appeal by the plaintiff, Minogue, against the defendant, Rudd. Rudd, who was the respondent to Minogue's appeal, had also filed a cross-appeal against another defendant, DMW Carpentry Services Pty Ltd ("DMW"), who was not a respondent to the main appeal. DMW then filed its own cross-appeal against Rudd.

The central legal issue before the Court of Appeal was the allocation of costs arising from the appeal and the two cross-appeals. Specifically, the court had to determine who should bear the costs of the appellant's appeal, the respondent's cross-appeal against DMW, and DMW's cross-appeal against the respondent.

The Court of Appeal noted that the merits of the cross-appeals were not determined because the plaintiff's appeal had failed. Consequently, the court ordered the appellant, Minogue, to pay the respondent Rudd's costs of Minogue's appeal. Furthermore, the court ordered the respondent Rudd to pay the costs of DMW Carpentry Services Pty Ltd in relation to both Rudd's cross-appeal against DMW and DMW's cross-appeal against Rudd.