Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd (No 2)

Warner Bros Feature Productions Pty Ltd (the applicants) sought a stay of proceedings against Kennedy Miller Mitchell Films Pty Ltd (the respondent). The applicants had relied on an alternative ground for their application, which the court did not rule upon. The central issue before the Court of Appeal of New South Wales was whether, in these circumstances, an exception to the general rule that costs follow the event should apply, and if so, whether "some other order" for costs ought to be made.

The court was required to determine whether the applicants' success on one ground, while failing on the alternative ground, warranted a departure from the usual order that the unsuccessful party pays the costs of the successful party. Specifically, the court considered the principles governing the award of costs when an application is only partially successful or when a court does not determine all grounds raised by the parties.

The court reasoned that the applicants had not been successful in their application for a stay of proceedings. Although one of the grounds relied upon was not ruled upon, this did not alter the fact that the primary relief sought by the applicants was not granted. The court applied the general principle that costs follow the event, finding no exceptional circumstances to justify a departure from this rule. Consequently, the motion brought by the applicants was dismissed with costs.