Nadinic v Drinkwater (No 2)

In *Nadinic v Drinkwater (No 2)*, the New South Wales Court of Appeal considered an application for a stay of execution. The applicant, Mr Nadinic, sought to stay the execution of a judgment obtained by the respondent, Ms Drinkwater.

The primary legal issue before the Court was whether there were any reasons why costs should not follow the event, given that Mr Nadinic had abandoned his application for a stay of execution.

Leeming JA applied the general rule that costs follow the event, meaning the unsuccessful party typically pays the successful party's costs. In this instance, Mr Nadinic's abandonment of the application meant he had not succeeded in his pursuit of a stay. Consequently, there was no apparent reason to depart from the usual rule.

Accordingly, the Court ordered that Mr Nadinic pay Ms Drinkwater’s costs of the application for a stay of execution.