Wilde v University of Sydney (No 2)

The case of Wilde v University of Sydney (No 2) involved a dispute between a former employee of the University, Dr Wilde, and the University of Sydney. Dr Wilde brought the proceedings against the University following his dismissal, seeking damages for breach of contract, defamation, and constructive dismissal. The matter was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether the University was liable for the costs incurred by Dr Wilde in relation to his application for costs, which he had previously sought from the University. The court needed to determine the merits of the University’s application for costs and whether it was appropriate to grant leave for the University to file further evidence and submissions in support of its application.

In delivering the judgment, the court carefully considered the principles of costs in Australian law and the specific circumstances of the case. The court found that while Dr Wilde’s application for costs had been unsuccessful, the University's application for costs was not entirely without merit. Therefore, the court granted the University leave to file further evidence and submissions to support its application, but ultimately refused the application for costs. The court reasoned that the University's application was not sufficiently compelling to warrant an award of costs to the University, despite some procedural errors made by Dr Wilde in his initial application.