Trad v Jones (No. 3) (EOD)

In the matter of Trad v Jones (No. 3) (EOD), the parties were Mr Trad, the appellant, and Alan Jones and Harbour Radio Pty Limited, the respondents. The dispute arose from a defamation case where Mr Trad had sued the respondents for defamatory statements made during a radio broadcast. The case reached the New South Wales Court of Appeal, which was tasked with reviewing the lower court's decision regarding the costs incurred during the appeal.

The legal issues before the court were primarily concerned with the allocation of costs in the appeal process. Specifically, the court had to decide whether the costs incurred by Mr Trad in pursuing the appeal should be borne by the respondents and, if so, in what proportion. Additionally, the court needed to determine the appropriate process for assessing the quantum of the costs if the parties could not agree on the amount.

The court ruled that Alan Jones and Harbour Radio Pty Limited should bear one half of Mr Trad's costs of the appeal. This decision was based on the principle that the losing party in an appeal generally pays the costs of the appeal, and the court found that Mr Trad was the prevailing party in this instance. The court also provided that if the parties could not agree on the quantum of costs, the matter would be referred to the Supreme Court of New South Wales for assessment. This approach ensures that the costs are fairly determined without unduly burdening the prevailing party.