Rolfe v Katunga Lucerne Mill Pty.Ltd.

Rolfe (the appellant) appealed against a costs order made by a judge of the Supreme Court of New South Wales. The dispute concerned the appellant's claim for damages for breach of contract and negligence against Katunga Lucerne Mill Pty. Ltd. (the respondent). The appeal was heard by Hodgson JA, Santow JA, and McClellan CJ at CL.

The primary legal issue before the Court of Appeal was whether the costs order made by the primary judge, which directed the appellant to pay the respondent's costs of the proceedings, should be varied or set aside. This involved considering whether the primary judge had erred in law or principle in making that order.

The Court of Appeal dismissed the appeal, upholding the primary judge's costs order. The Court reasoned that the primary judge had correctly applied the general rule that costs follow the event, and there was no basis to interfere with that decision. The appellant had failed to establish any error of law or principle in the exercise of the primary judge's discretion regarding costs. The Court noted that the appellant had not been successful in its claim and therefore the usual order for costs in favour of the successful party was appropriate.