Scenic Tours Pty Ltd v Moore (No 2) [2023] NSWCA 101

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Scenic Tours Pty Ltd v Moore (No 2) [2023] NSWCA 101 Hearing dates: On the papers Date of orders: 18 May 2023 Decision date: 18 May 2023 Before: Ward P, Kirk JA, Griffiths AJA Decision: 1. The appeal be allowed in part. 2. Set aside Orders 3 to 5 and 13 to 18 made on 24 June 2022. 3. Set aside Order 9(b) made on 24 June 2022. 4. Set aside Order 6 made on 26 August 2022. 5. The Common Questions and Answers are varied in accordance with the document entitled "Agreed Common Questions & Answers" dated 4 May 2023, a copy of which is annexed to these reasons for judgment. 6. Set aside Order 5 made on 26 August 2022 and in lieu thereof order that: (a) the appellant pay the respondent's costs of the proceedings below up to 30 April 2020 as agreed or assessed; (b) the appellant pay 90% of the respondent's costs of the proceedings from 1 May 2020 to 26 August 2022 as agreed or assessed. 7. The appellant pay 90% of the respondent's costs of the application for leave to appeal and of the appeal. Catchwords: COSTS – costs on appeal – where appeal allowed in part – apportionment of costs where mixed outcome on appeal – significance of successful ground of appeal – costs at first instance – re-exercise of costs discretion where different outcome on appeal Cases Cited: Scenic Tours Pty Ltd v Moore [2023] NSWCA 74 Category: Costs Parties: Scenic Tours Pty Ltd (Appellant) David Moore (Respondent) Representation: Counsel: D Weinberger (Appellant) J Hogan-Doran/ N Li (Respondent)