Recent Cases

Xiao v BCEG International (Australia) Pty Ltd (No 2) [2023] NSWCA 87 (04 May 2023) (Gleeson and Mitchelmore JJA, Griffiths AJA)


COSTS — Costs on appeal — Where appeal allowed in part — Apportionment of costs where mixed outcome on appeal

COSTS — Costs at first instance — Re-exercise of costs discretion where different outcome on appeal — Where finding by primary judge of disentitling conduct by successful appellants — Where causation argument not pleaded or put in manner it succeeded on appeal