Trimis v Mina (No 2)

The appeal concerned an application for costs in proceedings between Trimis and Mina. The primary dispute related to the costs of interlocutory proceedings, with the appellant, Trimis, seeking to have the costs order made by the primary judge set aside. The Court of Appeal of New South Wales was tasked with determining whether the primary judge's costs order was appropriate.

The central legal issue before the Court of Appeal was whether the primary judge had erred in their discretion when awarding costs. Specifically, the court had to consider whether the circumstances warranted a departure from the usual order that costs follow the event, and whether the primary judge had adequately considered all relevant factors in making their determination.

The Court of Appeal found that while the primary judge had made a costs order, there was an element of error in the exercise of discretion. The court allowed the appeal in part, indicating that the original costs order was not entirely upheld. This suggests that the appellate court modified or varied the costs awarded by the primary judge, likely due to a misapplication of legal principles or a failure to consider all relevant circumstances in the exercise of discretion.