MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd (No 2) [2020] NSWSC 1222

MTR Corporation (Sydney) NRT Pty Ltd v Thales Australia Ltd (No 2) [2020] NSWSC 1222

Given that the determination of the separate question disposed of a separately identifiable matter, and there remains considerable litigation to be resolved, costs should be paid forthwith, subject to the stay pending appeal.

Jurisdiction
Australia
Judgment Date
09 September 2020
Procedural Posture
Costs Determination / Post Interlocutory Order (costs Following Determination of a Separate Question)
Outcome
Costs to be paid forthwith, subject to stay until 5pm on 14 September 2020.
Legal Topics
['costs' 'separate Question' 'interlocutory Order']
['equity' 'civil Procedure' 'construction'] ['costs' 'separate Question' 'interlocutory Order']

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Procedural Posture

Costs Determination / Post Interlocutory Order (costs Following Determination of a Separate Question)

Legal Issues

  1. 1 ['Whether costs of the separate question should be payable forthwith']

Ratio Decidendi

Given that the determination of the separate question disposed of a separately identifiable matter, and there remains considerable litigation to be resolved, costs should be paid forthwith, subject to the stay pending appeal.

Court Disposition

Costs to be paid forthwith, subject to stay until 5pm on 14 September 2020.

Orders

  • ['The costs the subject of the order of 4 September 2020 be payable forthwith.' 'This order be stayed until 5pm on 14 September 2020.']