Network Ten Pty Ltd v TX Australia Pty Ltd (No 2) [2019] NSWCA 51

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Network Ten Pty Ltd v TX Australia Pty Ltd (No 2) [2019] NSWCA 51 Hearing dates: On the papers Date of orders: 22 March 2019 Decision date: 22 March 2019 Before: Bathurst CJ at [1]; Meagher JA at [23]; Gleeson JA at [24] Decision: (1) Order that the second and third respondents pay the appellant's costs of the appeal and 50% of the appellant's costs in the Court below. Catchwords: COSTS – Party/Party – Exception to general rule that costs follow the event – apportionment – whether issues on which successful party was unsuccessful were clearly dominant or separable

COSTS – Party/Party – Bases of quantification – Indemnity basis Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Baker v Towle [2008] NSWCA 73 Cellarit Pty Ltd v Cawarrah Holdings Pty Ltd (No 2) [2018] NSWCA 266 Monie v Commonwealth of Australia (No 2) [2008] NSWCA 15 Network Ten Pty Ltd v TX Australia Pty Ltd [2018] NSWCA 312 Category: Costs Parties: Network Ten Pty Ltd (applicant) TX Australia Pty Ltd (first respondent) Nine Network Australia Pty Ltd (second respondent) Seven Network (Operations) Ltd (third respondent) Representation: Counsel: N Hutley SC with A Hochroth (applicant) A Bell SC with D Thomas (first respondent) K Williams SC with R Mansted (second respondent) D Sulan with K Petch (third respondent)