Tan v Mitchell [No 2]

In *Tan v Mitchell [No 2]*, the New South Wales Court of Appeal considered an appeal concerning the costs orders made in a District Court proceeding. The dispute originated from an action brought by Ms Tan against Mr Mitchell in the District Court. Following the trial, costs orders were made by the trial judge, which were subsequently the subject of the appeal to the Court of Appeal.

The primary legal issue before the Court of Appeal was whether the costs orders made by the trial judge were appropriate, and consequently, what orders for the costs of both the trial and the appeal should be made. This involved a review of the trial judge's discretion in awarding costs and the application of principles governing the allocation of costs in litigation.

The Court of Appeal, in its decision, determined that the costs orders made at trial were to be varied. The court set aside the original costs order and, in its place, ordered that Mr Mitchell pay Ms Tan's costs of the trial on a party and party basis. Furthermore, the Court of Appeal ordered that Mr Mitchell was to bear 80% of Ms Tan's costs incurred in relation to the appeal.