Hardy v Tweed Shire Council [1999] NSWCA 357

Hardy v Tweed Shire Council [1999] NSWCA 357

Because the circumstances outlined suggested a strong prima facie case for the plaintiffs and the challenged costs orders were unusual, including an order that the plaintiffs pay costs of the counter-claim between the defendant and the cross-defendant, the Court granted order (1) sought in the notice of motion, limited to the date on which the application for leave to appeal is dealt with by the Court.

Jurisdiction
Australia
Judgment Date
16 August 1999
Procedural Posture
Notice of Motion Appeal / Motion in the Court of Appeal Pending Application for Leave to Appeal
Outcome
Order 1 granted; claimants to pay opponents costs.
Legal Topics
['costs Awarded Against Plaintiffs' 'costs of Counter Claim' 'application for Leave to Appeal' 'motor Vehicle Accident Injuries']
['civil Procedure' 'costs' 'appeals' 'personal Injury'] ['costs Awarded Against Plaintiffs' 'costs of Counter Claim' 'application for Leave to Appeal' 'motor Vehicle Accident Injuries']

Case Brief

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Procedural Posture

Notice of Motion Appeal / Motion in the Court of Appeal Pending Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether to grant order (1) sought in the notice of motion of 2 July 1999 pending determination of the application for leave to appeal.' 'Whether the District Court costs orders against the plaintiffs, including costs of the counter-claim between the defendant and Mrs Hardy, warranted interim appellate intervention.']

Ratio Decidendi

Because the circumstances outlined suggested a strong prima facie case for the plaintiffs and the challenged costs orders were unusual, including an order that the plaintiffs pay costs of the counter-claim between the defendant and the cross-defendant, the Court granted order (1) sought in the notice of motion, limited to the date on which the application for leave to appeal is dealt with by the Court.

Court Disposition

Order 1 granted; claimants to pay opponents costs.

Orders

  • ['Order (1) as asked in the notice of motion of 2 July 1999 granted, limited to the date on which the application for leave to appeal is dealt with by the Court.' 'The claimants should pay the opponents costs of this motion.']