His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Lambe Mitreski (No. 2) [2018] NSWSC 295

His Eminence Petar the Diocesan Bishop of the Macedonian Orthodox Diocese of Australia and New Zealand v Lambe Mitreski (No. 2) [2018] NSWSC 295

The first plaintiff having failed in the motion to lift the stay, costs should prima facie follow the event. However, the order for the first plaintiff to pay the defendants’ costs is conditional: if the sixth defendant is not granted leave to pursue proceedings to set aside the basis of the costs orders, the costs order is to be vacated and each party to bear its own costs.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Equity Costs Application / Post Motion Determination of Costs
Outcome
Conditional costs order in favour of the first to sixth defendants against the first plaintiff, subject to possible vacation pending outcome of judicial advice proceedings.
Legal Topics
['costs' 'costs Follow the Event' 'judicial Discretion on Costs' 'stay of Enforcement' 'indemnity From Trust Assets']
['civil Procedure' 'equity'] ['costs' 'costs Follow the Event' 'judicial Discretion on Costs' 'stay of Enforcement' 'indemnity From Trust Assets']

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Procedural Posture

Equity Costs Application / Post Motion Determination of Costs

Legal Issues

  1. 1 ["Whether costs should follow the event after plaintiff's unsuccessful motion to lift stay of enforcement of costs orders" "Whether defendants' inaction invited the motion and should affect costs" 'Appropriateness of costs orders pending outcome of judicial advice proceedings']

Ratio Decidendi

The first plaintiff having failed in the motion to lift the stay, costs should prima facie follow the event. However, the order for the first plaintiff to pay the defendants’ costs is conditional: if the sixth defendant is not granted leave to pursue proceedings to set aside the basis of the costs orders, the costs order is to be vacated and each party to bear its own costs.

Court Disposition

Conditional costs order in favour of the first to sixth defendants against the first plaintiff, subject to possible vacation pending outcome of judicial advice proceedings.

Orders

  • ["Order the first plaintiff to pay the first, second, third, fourth, fifth and sixth defendants' costs of and incidental to the first plaintiff's Notice of Motion dated 21 July 2017." 'Stay order (1) pending the outcome of the judicial advice proceedings the subject of Order (2) of the Orders made on 29 January...