Tonto Home Loans Australia Pty Ltd v Tavares (No 2)

This matter concerned appeals before Bathurst CJ, Allsop P, and Campbell JA, arising from proceedings where Tonto Home Loans Australia Pty Ltd was the appellant and Tavares was the respondent. The Australian Securities and Investments Commission (ASIC) intervened in the proceedings. The core of the dispute, as reflected in the orders, involved the variation of previous court orders concerning costs and the setting aside of certain Supreme Court orders.

The Court was required to determine the appropriate orders regarding the costs of the appeals and the underlying proceedings, particularly in light of ASIC's intervention. Specifically, the Court had to consider whether to vary existing cost orders, substitute new cost orders, and address the costs associated with ASIC's intervention and any extensions of hearings. The Court also had to ensure the correct dates were reflected in the orders.

The Court's reasoning, as evidenced by the detailed orders, involved varying previous cost orders to reflect a shift in responsibility for the costs of the proceedings. The appellant was ordered to pay the first and second respondents' costs of the appeal. Furthermore, the Court set aside specific Supreme Court orders and substituted them with new orders directing the plaintiff to pay the first and second defendants'/cross-claimants' costs of the proceedings. Regarding ASIC's intervention, the Court found it to be efficient and of significant assistance, deeming it proper and in the public interest. Consequently, ASIC was ordered to bear its own costs and was not required to pay costs for any extension of hearings. The applicants on a motion were ordered to pay ASIC's costs of that motion.