Rubino v Pineview Properties Pty Ltd (No 7) [2019] NSWSC 1031

Rubino v Pineview Properties Pty Ltd (No 7) [2019] NSWSC 1031

The adjournment was granted because, despite being sought very late, it was the first adjournment application for this Notice of Motion, was for a relatively short period, representation by solicitors and counsel might assist efficient disposal, related proceedings could potentially be case managed together, and other insolvency and bankruptcy proceedings might affect whether the Notice of Motion remained live. The Applicants' late request caused prejudice to the Respondents, but that prejudice could be addressed by costs. A gross sum costs order payable forthwith was warranted because the costs thrown away by the adjournment were discrete and identifiable, the Applicants' late conduct...

Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Costs Application Arising From Adjournment of Notice of Motion / On the Papers
Outcome
Adjournment granted; Respondents awarded gross sum costs thrown away payable forthwith.
Legal Topics
['adjournment' 'gross Sum Costs Order' 'costs Payable Forthwith' 'costs Thrown Away' 'stay of Execution of Judgments']
['civil Procedure' 'costs' 'equity'] ['adjournment' 'gross Sum Costs Order' 'costs Payable Forthwith' 'costs Thrown Away' 'stay of Execution of Judgments']

Case Brief

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Procedural Posture

Costs Application Arising From Adjournment of Notice of Motion / On the Papers

Legal Issues

  1. 1 ["Whether the Applicants' notice of motion should be adjourned." "Whether the Applicants should pay the Respondents' costs thrown away by reason of the adjournment." 'Whether those costs should be ordered as a gross sum under s 98(4)(c) of the Civil Procedure Act 2005 (NSW).' 'Whether the gross sum costs should be payable forthwith.']

Ratio Decidendi

The adjournment was granted because, despite being sought very late, it was the first adjournment application for this Notice of Motion, was for a relatively short period, representation by solicitors and counsel might assist efficient disposal, related proceedings could potentially be case managed together, and other insolvency and bankruptcy proceedings might affect whether the Notice of Motion remained live. The Applicants' late request caused prejudice to the Respondents, but that prejudice could be addressed by costs. A gross sum costs order payable forthwith was warranted because the costs thrown away by the adjournment were discrete and identifiable, the Applicants' late conduct...

Court Disposition

Adjournment granted; Respondents awarded gross sum costs thrown away payable forthwith.

Orders

  • ["Pursuant to s 98(4)(c) of the Civil Procedure Act 2005 (NSW), the Applicants to pay the Respondents' costs thrown away by reason of the adjournment in the amount of $5,500 forthwith."]