Racing New South Wales v Fletcher (No 2) [2020] NSWCA 67

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Racing New South Wales v Fletcher (No 2) [2020] NSWCA 67 Hearing dates: On the papers Decision date: 17 April 2020 Before: Bell P Meagher JA Payne JA Decision: Order that the respondent pay the appellant's costs of the proceedings at first instance and the costs of the written argument concerning the making of this order. Catchwords: COSTS – appeals – costs of proceedings at first instance – where judgment overturned on appeal – whether successful appellant's conduct as defendant invited litigation so as to disentitle it to costs at first instance – whether respondent had partial success as plaintiff at first instance on issue of substance – whether proceedings of "public importance" so as to warrant departure from ordinary rule that costs follow the event – no departure justified – respondent ordered to pay costs of proceedings at first instance Cases Cited: Botany Bay City Council v Minister for Local Government (No 2) [2016] NSWCA 127 Corcoran v Virgin Blue Airlines Pty Ltd [2008] FCA 864 Jaycar Pty Ltd v Lombardo [2011] NSWCA 284 Latoudis v Casey 170 CLR 534; [1990] HCA 59 People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157 Ruddock v Vadarlis (No 2) [2001] FCA 1865 Category: Costs Parties: Racing New South Wales (Appellant) Stephen Fletcher (Respondent) Representation: Counsel:

G Ng (Appellant) A Cheshire SC and S Jeliba (Respondent)