Understanding Lau v Anglican Community Services (No. 2) [2025] NSWDC 211: Nominal Damages and the discretion to award costs
In this Insight, Rose Legal explores the recent decision in Lau v Anglican Community Services (No. 2) [2025] NSWDC 211, where the New South Wales District Court exercised its discretion to award costs despite the plaintiff receiving only nominal damages. The case raises important considerations for legal practitioners around the principles governing costs recovery, proportionality, and the relevance of settlement negotiations. It offers valuable guidance on how the courts interpret ‘success’ in litigation and when costs orders may still be justified despite minimal financial outcomes.