Nominal Defendant v Genn (No 2)

In *Nominal Defendant v Genn (No 2)*, the Supreme Court of New South Wales was required to determine an application for special costs orders following an earlier judgment. The dispute concerned the assessment of costs after a successful claim against the Nominal Defendant.

The primary legal issue before the Court was whether there were any special circumstances warranting a departure from the ordinary rule that costs follow the event. This involved considering the conduct of the parties and the overall circumstances of the litigation in determining whether a special costs order, such as an order for indemnity costs or a departure from the ordinary basis of assessment, was appropriate.

The Court ultimately found that no special costs order was warranted. It applied the general principle that costs are ordinarily awarded on the ordinary basis unless there are compelling reasons to do otherwise. The Court concluded that the conduct of the parties and the nature of the proceedings did not justify a departure from this usual practice.

Accordingly, the Court ordered that the costs be assessed on the ordinary basis, upholding the order previously pronounced on 1 September 2004.