Wu v Wu (No 3)

The appeal concerned an application to vary a costs order made on 14 November 2024. The appellant, Wu, sought to alter the costs order following an appeal that had been allowed. The respondent, also Wu, had been ordered to pay the appellant's costs of the appeal and of the proceedings at first instance.

The primary legal issue before the court was whether the costs order should be varied, specifically in light of the fact that the appellant had succeeded on a point that was not argued at first instance, and whether the respondent could be considered substantially successful on appeal.

The court confirmed the existing costs order, reasoning that despite the appellant succeeding on a point not raised at first instance, the overall outcome of the appeal favoured the appellant. The court found that the respondent was not substantially successful on appeal, and therefore the original order that the respondent pay the appellant's costs of both the appeal and the first instance proceedings was to be upheld.