Racing New South Wales v Fletcher (No 2)

[2020] NSWCA 67

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Appeals
4. › Costs of proceedings at first instance
5. › Where judgment overturned on appeal
6. › Whether successful appellant's conduct disentitled it to costs
7. › Whether respondent had partial success on issue of substance
8. › Whether proceedings of 'public importance' warranting departure from ordinary rule
9. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1

Quick Take

Practitioners seeking to resist costs orders on public interest grounds should note that proceedings concerned with vindication of private rights will not be characterised as brought in the public interest merely because they raise questions of statutory power of public importance.