G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 2) [2019] NSWSC 463

G&S Engineering Services Pty Ltd v MACH Energy Australia Pty Ltd (No 2) [2019] NSWSC 463

The interlocutory hearing resolved a discrete issue that is considered separately identifiable, and in circumstances where the parties are engaged in ongoing litigation with significant matters yet to be resolved, payment of the costs order forthwith is justified to prevent its value from being diminished.

Jurisdiction
Australia
Judgment Date
26 April 2019
Procedural Posture
Interlocutory Application / Costs Determination Following Interlocutory Restraint Order
Outcome
Costs payable forthwith
Legal Topics
['costs' 'interlocutory Applications' 'assessment and Payment of Costs']
['equity' 'civil Procedure'] ['costs' 'interlocutory Applications' 'assessment and Payment of Costs']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Determination Following Interlocutory Restraint Order

Legal Issues

  1. 1 ['Whether costs of an interlocutory application should be payable forthwith']

Ratio Decidendi

The interlocutory hearing resolved a discrete issue that is considered separately identifiable, and in circumstances where the parties are engaged in ongoing litigation with significant matters yet to be resolved, payment of the costs order forthwith is justified to prevent its value from being diminished.

Court Disposition

Costs payable forthwith

Orders

  • ['The costs ordered on 18 April 2019 be assessed and payable forthwith.']