Twigg v Twigg (No 2) [2019] NSWSC 1356

Twigg v Twigg (No 2) [2019] NSWSC 1356

The costs order made on 11 April 2019 is not immediately payable and cannot be enforced by the defendants until the conclusion of the proceedings, as it lacks express terms to make it 'payable forthwith'.

Jurisdiction
Australia
Judgment Date
08 October 2019
Procedural Posture
Equity Commercial List / Interlocutory Application Regarding Enforcement of Interlocutory Costs Order
Outcome
Defendants restrained from enforcing the interlocutory costs order until conclusion of the proceedings; Defendants to pay plaintiffs' costs of the motion.
Legal Topics
['costs' 'enforcement of Costs Orders' 'interlocutory Proceedings']
['civil Procedure'] ['costs' 'enforcement of Costs Orders' 'interlocutory Proceedings']

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Procedural Posture

Equity Commercial List / Interlocutory Application Regarding Enforcement of Interlocutory Costs Order

Legal Issues

  1. 1 ["Whether an interlocutory costs order expressed as 'assessable forthwith' is also 'payable forthwith'" 'Whether defendants may enforce the costs order before the conclusion of the proceedings']

Ratio Decidendi

The costs order made on 11 April 2019 is not immediately payable and cannot be enforced by the defendants until the conclusion of the proceedings, as it lacks express terms to make it 'payable forthwith'.

Court Disposition

Defendants restrained from enforcing the interlocutory costs order until conclusion of the proceedings; Defendants to pay plaintiffs' costs of the motion.

Orders

  • ['The defendants take no step to enforce any assessment of the costs order made on 11 April 2019 until the conclusion of these proceedings or further order of the Court.' 'The defendants take no step to register with any Court any certificate of determination issued by any cost assessor pursuant to the application...