Tayles v Davis (No 2)

The appellant, Tayles, appealed against a decision made in the Family Court regarding property adjustment orders following the breakdown of his marriage with the respondent, Davis. The appeal was heard by the Full Court of the Family Court of Australia. The primary concern of the appeal was the apportionment of costs related to the lengthy and complex litigation process, despite the appellant's failure on the majority of the issues presented.

The legal issues before the court were whether the appellant was entitled to any costs from the respondent given that he succeeded only partially in his appeal, and whether the trial costs order should be altered. The court had to consider the substantial time spent on grounds of appeal that were ultimately unsuccessful, and whether this justified any cost recovery from the respondent.

The court found that while the appellant had succeeded in reducing the quantum of the property adjustment order by 10 per cent, the significant amount of time and resources expended on unsuccessful grounds of appeal did not warrant a cost recovery from the respondent. Each party was ordered to bear their own costs of the appeal. The court did not disturb the trial costs order, maintaining that the original allocation of costs at the trial was appropriate. The appeal was thus dismissed with each party bearing their own costs.