Segboer v A J Richardson Properties Pty Limited (No 2)

The appeal concerned the costs of proceedings between the appellants and the first respondent, A J Richardson Properties Pty Limited, before the Court of Appeal of New South Wales. The dispute related to the basis upon which the costs of the appeal should be awarded.

The primary legal issue before the Court of Appeal was whether the costs of the appeal should be awarded on the ordinary basis or on an indemnity basis, and whether there should be a distinction in the basis of costs awarded for different periods of the appeal.

The Court ordered that the appellants pay the first respondent's costs of the appeal on the ordinary basis up to and including 19 March 2012. However, for the period from 20 March 2012 onwards, the appellants were ordered to pay the first respondent's costs on an indemnity basis. This variation to the initial costs order reflected a change in the court's assessment of the parties' conduct or the circumstances surrounding the appeal after a certain point.