Anderson v The Council of Trinity Grammar School [2018] NSWSC 1323

Anderson v The Council of Trinity Grammar School [2018] NSWSC 1323

The defendant's delay in filing the application for permanent stay should not be at the plaintiff's cost; therefore, the plaintiff is entitled to costs of the motion and costs occasioned by the adjournment.

Jurisdiction
Australia
Judgment Date
29 August 2018
Procedural Posture
Notice of Motion Regarding Hearing Adjournment and Costs / Procedural Ruling Prior to Substantive Hearing
Outcome
Defendant ordered to pay plaintiff's costs of the motion; costs thrown away or occasioned by the adjournment to be plaintiff's costs in the proceedings.
Legal Topics
['costs' 'adjournment']
['civil Procedure'] ['costs' 'adjournment']

Case Brief

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Procedural Posture

Notice of Motion Regarding Hearing Adjournment and Costs / Procedural Ruling Prior to Substantive Hearing

Legal Issues

  1. 1 ['Who should bear the costs of the motion and the costs occasioned by the adjournment']

Ratio Decidendi

The defendant's delay in filing the application for permanent stay should not be at the plaintiff's cost; therefore, the plaintiff is entitled to costs of the motion and costs occasioned by the adjournment.

Court Disposition

Defendant ordered to pay plaintiff's costs of the motion; costs thrown away or occasioned by the adjournment to be plaintiff's costs in the proceedings.

Orders

  • ["Order the defendant to pay the plaintiff's costs of the motion." "Order that the costs thrown away or occasioned by reason of the adjournment should be the plaintiff's costs in the proceedings."]