[2025] NSWCA 240

Mars Australia Pty Limited v Knight (No 2)

(1) Appellant to pay the respondent’s costs of the appeal.

Catchwords

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

[1]
THE COURT: On 20 October 2025 this Court dismissed the appellant’s appeal against a decision of an Acting Deputy President of the Personal Injury Commission on 2 December 2024 to dismiss the appellant’s appeal against a Certificate of Determination of the Personal Injury Commission. During the hearing of the appeal, the appellant asked for an opportunity to make submissions as to costs after we delivered our reasons on the appeal. The appellant has been given that opportunity, but by email of 27 October 2025 indicated that it did not wish to be heard as to costs. Having read this email, which was copied to him, the respondent’s solicitor indicated that the respondent did not wish to be heard as to costs either.
[2]
In these circumstances, there is no reason to do anything other than order that costs follow the event: Uniform Civil Procedure Rules 2005 (NSW), r 42.1.
[3]
The order of the Court is:
1. (1)
  Appellant to pay the respondent’s costs of the appeal.