New South Wales Lotteries Corporation Pty Ltd v Kuzmanovski (No 2)

The appeal before the Court was from New South Wales Lotteries Corporation Pty Ltd against Kuzmanovski. The primary dispute concerned the apportionment of costs between the parties at both trial and appeal levels. The case was heard in the Federal Court of Australia.

The legal issues before the Court included whether the appellant should be ordered to pay a portion of the respondent's costs incurred during the trial, and if each party should bear their own costs in relation to the appeal. The Court had to consider the relevant principles of costs in Australian law, including the general rule that the losing party in litigation pays the winning party's costs, as well as any applicable exceptions or modifications to this rule.

The Court found that the appellant should pay 50% of the respondent's costs from the trial before the primary judge, as the appeal was only partially successful. This decision was based on the Court's assessment of the merits of the appeal and the respondent's success in the primary proceedings. Furthermore, the Court held that each party should bear their own costs in relation to the appeal, as neither party achieved a complete victory in the appellate process.

The final orders of the Court were that the appellant pay 50% of the respondent's costs of the trial before the primary judge and that each party bear their own costs of the appeal. These orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011.