Silverbrook Research Pty Ltd v Lindley [No 2]

Silverbrook Research Pty Ltd (the plaintiff) and Lindley (the defendant) were parties to proceedings in the District Court of New South Wales. The dispute concerned a claim brought by the plaintiff, which included a claim under the *Trade Practices Act 1974* (Cth) that was subsequently abandoned. The Court of Appeal of New South Wales was required to consider the assessment of costs in light of this abandonment.

The primary legal issue before the Court of Appeal was whether the plaintiff should be entitled to recover costs associated with the claim that had been abandoned. This involved determining how the abandonment of a specific cause of action impacted the overall order for costs. The court also considered the question of costs for the appeal itself.

The Court of Appeal reasoned that where a claim is abandoned, the costs referable exclusively to that abandoned claim should not be recoverable by the party who abandoned it. Accordingly, the court set aside the judgment of the District Court and entered judgment for the plaintiff for a specified amount, with the order for costs explicitly excluding those referable solely to the abandoned *Trade Practices Act* claim. The court made no order as to the costs of the appeal.