Peter Nicholas Yunghanns v Nicholas Colquhoun-Denvers [No 2]

Peter Nicholas Yunghanns brought proceedings against Nicholas Colquhoun-Denvers, seeking a declaration that the defendant was not entitled to claim any interest in the plaintiff's property. The matter was heard in the Supreme Court of Victoria. Yunghanns was granted leave to appeal to the Court of Appeal on one ground, which was raised on the day of the appeal hearing. However, leave was refused on other grounds of appeal. Colquhoun-Denvers applied for costs on an indemnity basis up to the appeal hearing and thereafter on a standard basis. The court found that there were no special circumstances which warranted an order for costs on an indemnity basis.

The court examined the principles governing costs in appeal proceedings and noted that the general rule is that costs follow the event. In this case, Yunghanns' appeal was unsuccessful, and therefore, the respondent was entitled to costs. The court considered whether there were any special circumstances that would justify an order for costs on an indemnity basis. However, the court found that there were no such circumstances present in this case. The court noted that the appellant had raised the ground of appeal on the day of the hearing, which was not a special circumstance that would warrant an order for indemnity costs. The court concluded that the appropriate course was to order costs on a standard basis.