Trevor-Jones v Harness Racing New South Wales (No 2)

Trevor-Jones, the plaintiff, initiated legal proceedings against Harness Racing New South Wales, the defendant, to challenge a decision made by the defendant. The case was heard and determined in the Federal Court of Australia. The plaintiff sought to overturn a ruling that had been made by the defendant, which was related to their involvement in the sport of harness racing.

The primary legal issues before the court were whether the costs of the proceedings should follow the event, and whether there was any point of principle that would prevent this from occurring. The plaintiff argued that, in the absence of any submissions to the contrary from the defendant, the costs should follow the event. The defendant, on the other hand, contended that there was a point of principle that prevented the costs from following the event.

The court found that there was no point of principle that would prevent the costs from following the event, and that in the absence of any submissions to the contrary from the defendant, the costs should indeed follow the event. The court held that it was not necessary for the plaintiff to make any further submissions on this matter, as the defendant had not raised any counterarguments to the proposition that costs should follow the event. The court therefore ordered that the costs of the proceedings should follow the event.

The court did not make any further orders in the case, as the primary issue of costs had been resolved. The defendant was ordered to pay the plaintiff's costs of the proceedings, which had been incurred in the course of the litigation. The court's decision in this matter provides guidance for future cases involving similar issues, and clarifies the position on costs in the absence of submissions to the contrary from the defendant.