Tsay and Lou (No. 2)

The applicant, Tsay, sought an order for the respondent, Lou, to pay her costs of an appeal that was subsequently discontinued. The case was heard by the Supreme Court of New South Wales. The primary issue was whether the applicant was entitled to costs for the appeal that was discontinued by the parties. The court also considered whether the amount of the costs sought by the applicant was reasonable and justified.

The court held that the applicant was entitled to costs for the appeal that was discontinued, as the parties had agreed to the costs in the event that the appeal was unsuccessful. The court found that the amount of the costs sought by the applicant was reasonable and justified, and ordered the respondent to pay the applicant's costs of the discontinued appeal in the amount of $2,729 within one month of the date of the orders. The court noted that the form of the order was subject to the entry of the order in the Court’s records.