Williams v Commonwealth of Australia [2007] NSWSC 1342

Because the plaintiff was not at fault for being out of time and the defendant's opposition to the extension was not reasonable, costs should be ordered in favour of the plaintiff.

Jurisdiction: Australia
Judgment Date: 23 November 2007
Procedural Posture: Application to Extend Time / Costs Judgment After Successful Application to Extend Time
Outcome: Order for costs in favour of the plaintiff.
Legal Topics: ['costs' 'extension of Limitation Period']

['civil Procedure'] ['costs' 'extension of Limitation Period']

Case Brief

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Procedural Posture

Application to Extend Time / Costs Judgment After Successful Application to Extend Time

Legal Issues

1 ['Whether costs should follow the usual rule when a plaintiff is not at fault for delay in commencing proceedings out of time' "Whether the respondent's opposition to the application for extension of time was reasonable"]

Ratio Decidendi

Because the plaintiff was not at fault for being out of time and the defendant's opposition to the extension was not reasonable, costs should be ordered in favour of the plaintiff.

Court Disposition

Order for costs in favour of the plaintiff.

Orders

['Costs ordered in favour of the plaintiff.']