Skipworth v State of Western Australia & Ors (No. 2)

In the Supreme Court of Western Australia, the case of Skipworth v State of Western Australia & Ors (No. 2) was presented, where the Applicant, Skipworth, sought relief against the First Respondent, the State of Western Australia, along with other respondents. The dispute centred around the costs incurred by Skipworth during the litigation process and whether the First Respondent was entitled to an order for Skipworth to bear those costs.

The primary legal issue before the court was whether the First Respondent's application to have Skipworth bear his own costs was justified under the circumstances of the case. The court needed to consider the criteria for awarding costs in litigation, including the conduct of the parties, the outcome of the proceedings, and the overall fairness of the costs allocation.

The court deliberated on the application of the usual costs-following-the-event principle, evaluating the nature of Skipworth's claims and the outcome achieved. It found that the First Respondent had not demonstrated a sufficient basis for deviating from the standard costs order. The court emphasised the importance of proportionality in costs orders and noted that the First Respondent's application did not meet the threshold for a departure from the norm. Consequently, the court dismissed the First Respondent's application regarding Skipworth's costs, upholding the principle that costs should generally follow the event unless exceptional circumstances warrant otherwise.