Wollongong Coal Ltd v Gujarat NRE India Pty Ltd (No 2)

In *Wollongong Coal Ltd v Gujarat NRE India Pty Ltd (No 2)*, the New South Wales Court of Appeal considered an appeal concerning the apportionment of costs following a dispute between Wollongong Coal Ltd (appellant) and Gujarat NRE India Pty Ltd (respondent). The appeal involved a partial success for both parties, leading to a complex determination of costs.

The primary legal issues before the Court of Appeal were how to exercise the costs discretion at first instance, given the partial success of both parties on appeal, and how to apportion the costs of the appeal itself. The court also had to determine the appropriate orders regarding the release of funds previously deposited as security.

The Court of Appeal found it impossible to re-exercise the costs discretion at first instance due to the significant sums involved and the partial success of both parties. Consequently, the court set aside certain earlier orders and entered judgment for the plaintiff against the defendant in a specified sum, to take effect from an earlier date. The court ordered the release of funds deposited with solicitors. Regarding costs, the respondent was ordered to pay 50% of the appellant's costs in the Court of Appeal, excluding the application for orders and costs, and 25% of the appellant's costs for that application. The question of costs at first instance was remitted to the Equity Division for determination, with specific directions regarding the costs of a notice of motion and a portion of the costs of the application for orders and costs.