South Sydney Council v Morris (No 2)

South Sydney Council (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the primary judge concerning the respondent's entitlement to indemnity costs. The dispute arose from earlier proceedings where the respondent had been successful, and subsequently sought indemnity costs from the appellant.

The Court of Appeal was required to determine whether the primary judge had erred in principle in considering the respondent's application for indemnity costs. Specifically, the court had to assess whether the primary judge had correctly applied the principles governing the award of indemnity costs, particularly in circumstances where a party has been successful in litigation.

The Court of Appeal found that the primary judge had not yet made a final determination on the costs, and that the application for indemnity costs was still before the primary judge. Therefore, the Court of Appeal considered it premature to intervene and adjourned the application for indemnity costs pending the trial judge's final consideration of all costs matters. The costs of the appeal application itself were reserved.