Spark and Bernard (No.2)

In *Spark and Bernard (No.2)*, the Supreme Court of Victoria was asked to determine the quantum of costs to be paid by the respondent to the applicant. The dispute concerned the finalisation of costs following earlier proceedings between the parties.

The primary legal issue before the Court was to assess the reasonableness and proportionality of the costs claimed by the applicant, and whether these costs should be awarded in full. The Court was required to consider the nature of the proceedings, the work undertaken by the applicant's legal representatives, and any relevant rules or principles governing the assessment of costs.

Judge Scarlett applied the principles of indemnity costs, considering the complexity of the matter and the conduct of the parties. The Court found that the costs claimed were reasonable and necessary for the proper conduct of the litigation. Consequently, the Court ordered the respondent to pay the applicant's costs in the sum of $19,169.14, allowing the respondent three months to satisfy this payment.