Pact Property Pty Ltd v APF Commercial Pty Ltd (No2)

The appeal concerned a dispute between Pact Property Pty Ltd (appellant) and APF Commercial Pty Ltd (respondent) before the New South Wales Court of Appeal. The primary issue revolved around the payment of a sum of money, which had been ordered by the Equity Division of the Supreme Court, and the subsequent costs of the appeal.

The Court of Appeal was required to determine whether to uphold or vary the original orders regarding the payment of capital and interest, and crucially, to decide on the appropriate orders for the costs of the appeal, particularly in light of the fact that the orders made by the Court were not sought by either party.

The Court allowed the appeal in part, setting aside the original order for payment made in the Equity Division. In its place, the Court ordered that the appellant recover a specific sum from the respondent, with this judgment taking effect on the date of the appeal decision. Significantly, the Court ordered that each party bear their own costs of the appeal, a departure from the usual practice where costs follow the event, indicating that the conduct of the parties or the circumstances of the appeal did not warrant a different order. The Court also set aside the original costs orders made in the Court below and substituted an order that the defendants pay the plaintiff's costs in that court.