Bullock order

A Bullock Order is a court order relating to the payment of costs, used at the judge’s discretion, in an action against two defendants where one has been successful and the other has not. The order requires a plaintiff to pay the costs of the successful defendant and the same amount payable by the plaintiff is the amount payable by the unsuccessful defendant to the plaintiff (see Bullock v LGO Co [1907] 1 KB 264).

In New South Wales a Bullock order should only be made where it is reasonable to join the successful defendant and where the costs involved in joining a party were reasonably and properly incurred.

Further, a Bullock order should only be made if the conduct of the unsuccessful defendant warrants the exercise of the discretion (see Stephens v Giovenco (No 2) [2011] NSWCA 144)