NL v AL

The appeal concerned costs orders made by the primary judge. The appellant, NL, sought to appeal against certain costs orders, including an order for assessment on an indemnity basis, arguing that the discretion as to costs had miscarried. There was no issue of principle raised in the appeal.

The Court of Appeal was required to determine whether the primary judge had erred in the exercise of their discretion regarding the costs orders. Specifically, the court considered whether the costs orders made were appropriate in light of the circumstances of the case, including the abandonment of a collateral agreement claim by the respondent, AL.

The Court of Appeal allowed the appeal in part. It varied the costs orders of 22 May 2012 by adding a specific order that the costs previously ordered exclude the costs of or incidental to AL's abandoned collateral agreement claim. This exclusion encompassed the costs of the pleading and any evidence prepared by AL in relation to that claim that was relied upon at the hearing, but it did not include time occupied at the hearing in relation to that issue. The appellant, NL, was ordered to pay the respondent's, AL's, costs of the appeal.