Rosser v Marine Ministerial Corporation No. 2 (Costs)

The appeal concerned the costs awarded by the trial judge in a dispute between Rosser (the appellant) and the Marine Ministerial Corporation (the respondent). The appeal was heard by Meagher, Beazley and Fitzgerald JJA in the Court of Appeal of New South Wales.

The primary legal issue before the Court of Appeal was whether the trial judge had erred in exercising their discretion regarding the award of costs. Specifically, the court had to determine if there was a sufficient reason to depart from the general rule that costs should follow the event, meaning the successful party should recover their legal costs from the unsuccessful party.

The Court of Appeal found that it was impossible to say that the trial judge's discretion miscarried. The court applied the principle that an appellate court will only interfere with a costs order if the discretion miscarried, and in this instance, no sufficient reason was demonstrated to justify departing from the usual rule. Consequently, the court determined that costs should follow the event.

The Court of Appeal ordered that the costs be awarded to the appellant.