Fiduciary v Morningstar [2002] NSWSC 432

Fiduciary v Morningstar [2002] NSWSC 432

The interlocutory hearing was a separate and completed phase of the proceedings, the matter effectively began anew on pleadings afterwards, the final hearing was unlikely to occur until about a year after the interlocutory hearing, and the defendants' costs had been abnormally increased by the plaintiffs' last-minute service of very voluminous material that was mostly not used. In the interests of justice, those matters justified departing from the general rule in Part 52A rule 9(1) that costs are payable at the conclusion of proceedings.

Jurisdiction
Australia
Judgment Date
21 May 2002
Procedural Posture
Application for an Order That Costs Be Payable Forthwith / After Dismissal With Costs of the Plaintiffs' Application for Interlocutory Injunctions
Outcome
Application granted; costs payable forthwith.
Legal Topics
['costs Payable Forthwith' 'interlocutory Costs' 'supreme Court Rules Part 52 a Rule 9' 'oppression Proceedings Under Ss.232 and 233 of the Corporations Act 2001']
['civil Procedure' 'costs' 'corporations Law'] ['costs Payable Forthwith' 'interlocutory Costs' 'supreme Court Rules Part 52 a Rule 9' 'oppression Proceedings Under Ss.232 and 233 of the Corporations Act 2001']

Case Brief

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Procedural Posture

Application for an Order That Costs Be Payable Forthwith / After Dismissal With Costs of the Plaintiffs' Application for Interlocutory Injunctions

Legal Issues

  1. 1 ['Whether Part 52A rule 9(3) of the Supreme Court Rules exhaustively states the circumstances in which the court may order that costs be payable forthwith, or whether the words "unless the court otherwise orders" in rule 9(1) preserve a separate discretion.' 'Whether the demands of justice justified ordering that the costs awarded on 23 November 2001 be payable forthwith.']

Ratio Decidendi

The interlocutory hearing was a separate and completed phase of the proceedings, the matter effectively began anew on pleadings afterwards, the final hearing was unlikely to occur until about a year after the interlocutory hearing, and the defendants' costs had been abnormally increased by the plaintiffs' last-minute service of very voluminous material that was mostly not used. In the interests of justice, those matters justified departing from the general rule in Part 52A rule 9(1) that costs are payable at the conclusion of proceedings.

Court Disposition

Application granted; costs payable forthwith.

Orders

  • ['The costs the subject of the order for costs made on 23 November 2001 are payable forthwith.']