Al Maha Pty Ltd v Coplin (No 2) [2018] NSWCA 104

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Al Maha Pty Ltd v Coplin (No 2) [2018] NSWCA 104 Hearing dates: On the papers Decision date: 17 May 2018 Before: Macfarlan JA; Meagher JA; Gleeson JA Decision: 1. Dismiss Mr Coplin's notice of motion filed on 21 December 2017. 2. Order Mr Coplin to pay the costs of Al Maha and PropertyFox of that motion. Catchwords: COSTS – party/party – general rule that costs follow the event – where primary judge upheld claims against one defendant, dismissed claims against other defendant and awarded costs against both defendants – where appellate court allowed appeal by unsuccessful defendant joining successful defendant as a respondent and seeking order dismissing statement of claim with costs – whether appellate court has power to order plaintiff to pay costs at first instance and on appeal of defendant successful at first instance – whether that power should not be exercised – no question of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 98 Supreme Court Act 1970 (NSW), s 75A(10) Uniform Civil Procedure Rules 2005 (NSW), r 42.1 Cases Cited: John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 19 Category: Costs Parties: Al Maha Pty Ltd (Appellant) Iraklis Gary Coplin (First Respondent) PropertyFox Pty Ltd (Second Respondent) Representation: Counsel: TM Faulkner SC (Appellant) M Green SC and B Oliak (First Respondent)