Primavera Holdings Pty Ltd v Golding

Primavera Holdings Pty Ltd (the applicant) sought leave to appeal out of time against orders made by the primary court. Golding (the respondent) was the other party to the proceedings. The applicant ultimately withdrew its application for leave to appeal.

The central legal issue before Loukas-Karlsson J was the appropriate costs order to be made following the withdrawal of the application for leave to appeal out of time.

Loukas-Karlsson J determined that, in the absence of any specific agreement between the parties regarding costs, the general rule that costs follow the event should apply. The applicant, having withdrawn its application, was therefore liable for the respondent's costs incurred in relation to the application. The court ordered that the applicant pay the respondent’s costs of the matter, to be agreed between the parties or, failing agreement, as assessed by the court.