Pel-Air Aviation Pty Ltd v Casey (No 2)

Pel-Air Aviation Pty Ltd appealed to the New South Wales Court of Appeal against a judgment of the Supreme Court of New South Wales. The dispute concerned damages awarded to Ms Casey following an incident involving Pel-Air. The appeal primarily concerned the assessment of costs.

The Court of Appeal was required to determine the appropriate orders for the costs of the proceedings at first instance and the costs of the appeal itself. Specifically, the court had to consider whether the costs of the proceedings at first instance should be awarded on an ordinary or indemnity basis for different periods, and how the costs of the appeal and cross-appeal should be allocated between the parties.

The Court of Appeal found that there was no issue of principle regarding the costs of the appeal. Consequently, the court ordered that Pel-Air pay Ms Casey’s costs of her cross-appeal. However, the court ordered that Ms Casey pay 50% of Pel-Air’s costs of its appeal. Regarding the costs of the proceedings at first instance, Pel-Air was ordered to pay Ms Casey’s costs of the assessment of her funds management damages, and otherwise on the ordinary basis up to 30 January 2015, and on an indemnity basis thereafter.