Trask & Westlake (Costs)

Trask & Westlake was a case before the New South Wales Court of Appeal. The plaintiff, Trask, had brought an action against Westlake, the defendant, for unpaid wages and other entitlements. After a trial in the District Court, Trask was successful in part, but the judge ordered that Trask bear the costs of the unsuccessful part of the action. Trask appealed the decision on the costs order. The appeal was to the New South Wales Court of Appeal.

The legal issues before the court were whether the trial judge erred in making the costs order and whether the appeal should be dismissed on the basis that it was frivolous and vexatious. The court was required to consider the principles of costs in Australian law, particularly in relation to unsuccessful parties and the criteria for awarding costs against an appellant.

The court held that the trial judge did not err in making the costs order. The court found that the plaintiff had been successful in part of the action, and the unsuccessful part was not frivolous or vexatious. The court further held that the appeal was not frivolous or vexatious, and therefore the appeal should not be dismissed. The court held that each party should bear their own costs, including the costs of the appeal.