Scenic Tours Pty Ltd v Moore (No 2)

Scenic Tours Pty Ltd appealed to the Court of Appeal of New South Wales against orders made by the primary judge in proceedings brought by Mr Moore. The dispute concerned the interpretation and application of certain provisions within a franchise agreement.

The Court of Appeal was required to determine the extent to which the primary judge's decision should be upheld or varied, and consequently, how the costs of both the proceedings at first instance and the appeal should be apportioned between the parties, given the partial success of the appeal.

The Court allowed the appeal in part, setting aside several of the orders made at first instance and varying the common questions and answers agreed by the parties. In exercising its discretion regarding costs, the Court ordered that the appellant pay the respondent's costs of the proceedings below up to 30 April 2020, and 90% of the respondent's costs from 1 May 2020 to 26 August 2022. Furthermore, the appellant was ordered to pay 90% of the respondent's costs of the application for leave to appeal and the appeal itself.