O’DONNELL & DOWNING (No.2)

The case of O’Donnell & Downing (No.2) concerned a dispute between the parties, O’Donnell and Downing, heard before Terry J. The precise nature of the dispute is not detailed in the provided text, but it involved a second iteration of proceedings, indicated by "(No.2)".

The central legal issue before the court was the determination of costs. Specifically, the court was required to decide how the costs of the proceedings should be allocated between the parties, likely in light of the outcome of the substantive dispute.

Terry J's reasoning and the legal principles applied are not elaborated upon in the provided text. However, the focus on costs suggests the court would have considered established principles of cost orders in Australian litigation, which typically involve the court exercising its discretion based on factors such as the conduct of the parties, the outcome of the litigation, and the reasonableness of the claims and defences advanced.

The final orders or outcome of the case, including the specific cost orders made by Terry J, are not detailed in the provided text.