[2021] NSWCA 205

Belflora Pty Ltd v Vinflora Pty Ltd (No 2)

The appellant pay the respondent’s costs of the appeal.

Catchwords

COSTS – party/party – general rule that costs follow the event

[1]
THE COURT: Judgment in this appeal was handed down on 19 August 2021. A direction was made that the parties within seven days make submissions as to the appropriate order of the costs of the appeal.
[2]
This order was made because the respondent in its written submissions indicated an intention to seek a special costs order if successful.
[3]
However, the submissions now received from each party indicate that the appropriate order is that the appellant pay the respondent’s costs of the appeal. In those circumstances, the Court orders the appellant pay the respondent’s costs of the appeal.