S v State of New South Wales (No 2)

The parties to this proceeding were S (the appellant) and the State of New South Wales (the respondent). The dispute concerned the assessment of costs following an appeal. The matter was heard by Beazley JA, Giles JA, and Macfarlan JA in the Court of Appeal of New South Wales.

The court was required to determine whether the costs of the appeal should be awarded on an indemnity basis, considering that pre-judgment offers made at first instance had not been renewed in relation to the appeal. Additionally, the court had to address the payment of the judgment entered on appeal, where an additional claim had been remitted to the primary judge for assessment.

The court ordered that the respondent pay the appellant $1,679,936.71. Regarding costs, the respondent was ordered to pay the appellant's costs of the proceedings at first instance on a party and party basis until 7 March 2008, and thereafter on an indemnity basis. The costs of the appeal were ordered to be paid by the respondent to the appellant on a party and party basis.