Walmsley v Blue Mountains Developers; Blue Mountains Developers v Harwood [2010] NSWSC 730

Walmsley v Blue Mountains Developers; Blue Mountains Developers v Harwood [2010] NSWSC 730

The notices of motion concerning leave to amend, compliance with a subpoena, setting aside a subpoena, and striking out portions of an amended statement of claim were ordinary interlocutory matters or otherwise insufficient to justify departure from the usual rule that costs are not payable until conclusion of the proceedings. Although the application to restrain solicitors from acting was unusual and might alone justify the discretion, it was only one part of a notice of motion whose other parts did not warrant immediate payment. The discretion to order costs payable forthwith was therefore not exercised.

Jurisdiction
Australia
Judgment Date
01 July 2010
Procedural Posture
Procedure Costs / Ex Tempore Judgment on Notices of Motion
Outcome
Applications dismissed.
Legal Topics
['interlocutory Costs' 'costs Payable Forthwith' 'uniform Civil Procedure Rules 2005 Pt 42 R 42.7(2)' 'notices of Motion']
['procedure' 'costs'] ['interlocutory Costs' 'costs Payable Forthwith' 'uniform Civil Procedure Rules 2005 Pt 42 R 42.7(2)' 'notices of Motion']

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Procedural Posture

Procedure Costs / Ex Tempore Judgment on Notices of Motion

Legal Issues

  1. 1 ['Whether the costs of three notices of motion should be ordered to be paid forthwith under Uniform Civil Procedure Rules 2005 Pt 42 r 42.7(2).']

Ratio Decidendi

The notices of motion concerning leave to amend, compliance with a subpoena, setting aside a subpoena, and striking out portions of an amended statement of claim were ordinary interlocutory matters or otherwise insufficient to justify departure from the usual rule that costs are not payable until conclusion of the proceedings. Although the application to restrain solicitors from acting was unusual and might alone justify the discretion, it was only one part of a notice of motion whose other parts did not warrant immediate payment. The discretion to order costs payable forthwith was therefore not exercised.

Court Disposition

Applications dismissed.

Orders

  • ['The applications for costs to be paid forthwith are refused.']