The Court of Appeal ordered the respondents to pay 60 per cent of the appellant's costs of the appeal, where the appellant failed on liability grounds but succeeded in reducing the damages judgment against it by approximately 80 per cent (from approximately $5 million to approximately $1 million). The Court preferred a broad-based percentage apportionment of costs over a ground-by-ground approach, noting the latter may have the effect of further increasing costs. The Court also confirmed that an indemnity certificate under s 4 of the Appeal Costs Act 1998 is only available to a respondent to a successful appeal, not to a successful appellant.
The full text is available to signed-in members, including the 1 later case that cites this judgment.