Terera and Bolhar v Clifford (No 2)

The case of Terera and Bolhar v Clifford (No 2) involved the Appellants, Terera and Bolhar, who sought an order for costs against the Respondent, Clifford, following a partly successful appeal in a domestic building dispute. The appeal was heard in the Supreme Court of Queensland. The Appellants had raised several issues on appeal, including the assessment of costs and the management of the building contract.

The central legal issue before the Court was whether the Appellants, who were partly successful on appeal, were entitled to an order for costs against the legally represented Respondent. The Court needed to consider the principles governing costs in appeals and whether the Appellants' partial success justified an order for costs against the Respondent.

The Court determined that the principles of costs in appeals require careful consideration of the outcome and conduct of the parties. In this case, the Appellants were only partly successful, and their primary argument for an order for costs against the Respondent was not substantiated. The Court held that the Appellants were not entitled to an order for costs against the legally represented Respondent, given the partial success and the overall conduct of the appeal.

The Court ordered that the parties bear their own costs of the appeal. This decision reflects the Court's consideration of the outcome of the appeal, the conduct of the parties, and the established principles regarding costs in such proceedings.