Salmon v Osmond (No 3)

In *Salmon v Osmond (No 3)*, the New South Wales Court of Appeal considered an appeal concerning the costs of succession proceedings. The dispute involved multiple claimants, one of whom was partially successful in their claim, while another claimant was unsuccessful. The central question before the Court of Appeal was whether the unsuccessful claimant should bear the entire cost of defending the proceedings.

The Court of Appeal was required to determine the appropriate allocation of costs when one party to succession litigation had been unsuccessful in their claim, while another party had achieved only partial success. Specifically, the Court had to decide whether the unsuccessful party should be held responsible for the entirety of the defence costs, or if a portion of those costs should be attributed to the partially successful claimant's claim.

The Court of Appeal reasoned that it was unjust for the unsuccessful party to bear the entire cost of defending the proceedings when another claimant had also pursued a claim, albeit with partial success. Applying principles of cost allocation in litigation, the Court determined that the unsuccessful party should bear only that portion of the costs attributable to their own unsuccessful claim. The appellants' notice of motion filed on 4 June 2015 was dismissed with costs.