Richards v Gray No 2

The appeal concerned the costs orders made by the primary judge in proceedings between Richards (the plaintiff) and Gray (the defendant). The dispute involved multiple issues, and the primary judge had made specific orders regarding the payment of the judgment amount and the allocation of costs. The appeal was heard by Bathurst CJ, Beazley P, McColl, Basten, and Meagher JJA.

The court was required to determine whether the primary judge had erred in exercising their discretion regarding the costs of the proceedings. This involved considering the general rule that costs follow the event, the principle of partial success, and the appropriate apportionment of costs when multiple issues were litigated. The court also had to consider the costs of the appeal itself and a cross-appeal.

The Court of Appeal set aside the primary judge's orders concerning the payment of the judgment amount and the costs of the proceedings. In lieu of the primary judge's costs order, the Court of Appeal ordered that the defendant pay the plaintiff's costs of the proceedings, subject to specific adjustments. These adjustments included the plaintiff paying the defendant's costs for a particular hearing, the defendant paying one half of the plaintiff's costs for a defined period, and the respondent (the plaintiff in the appeal) paying 50% of the appellant's (the defendant in the appeal) costs of the appeal. The court also made orders regarding a certificate under the Suitor's Fund Act 1951, dismissed the cross-appeal, and ordered the respondent to pay the appellant's costs of the cross-appeal.