R T and Y E Falls Investments Pty Ltd v State of New South Wales (No 2)

The Court of Appeal of New South Wales considered the costs of proceedings between R T and Y E Falls Investments Pty Ltd and the State of New South Wales. The dispute concerned the State's acquisition of land owned by the Falls Investments and the subsequent determination of compensation.

The primary legal issue before the Court was the appropriate order for costs, particularly in light of the outcome of the second trial and the second appeal. The Court was required to determine whether the general rule that costs follow the event should apply, and if so, to which stages of the litigation.

The Court ordered that the State pay the costs of the second trial and the second appeal, reflecting the outcome of those proceedings. However, the Court made no order as to the costs incurred up to the conclusion of the first trial, indicating a different approach to that earlier stage of the litigation. Furthermore, the Court ordered the State to pay significant interest on the compensation amount, calculated up to a specific date and thereafter on a daily basis.