Harbour Radio Pty Ltd v Trad [2015] NSWSC 632

Harbour Radio Pty Ltd v Trad [2015] NSWSC 632

The Court of Appeal's dismissal of the appeal from the trial judge's orders was to be broadly construed as encompassing all relevant orders of the trial judge, including the costs orders. There was therefore no basis to conclude that the judgment entered for the assessed costs was irregular or should be set aside. The statutory costs assessment regime placed review of the determination with the Manager, Costs Assessment and other specified review or appeal pathways; absent an application for leave to appeal against the costs assessment, this Court's jurisdiction to set aside the certificate on the motion did not arise. In any event, the approximately five-year delay made an extension of...

Jurisdiction
Australia
Judgment Date
26 May 2015
Procedural Posture
Civil Procedure Motion in Defamation Proceedings Concerning Costs Assessment and Judgment / Notice of Motion to Set Aside Certificate of Determination of Costs Assessment and Judgment, or Permanently Stay Judgment, and for Extension of Time to Review Costs Assessment
Outcome
Notice of Motion dismissed.
Legal Topics
['interpretation of Court of Appeal Costs Orders' 'certificate of Determination of Costs Assessment' 'setting Aside Judgment' 'stay of Enforcement' 'extension of Time to Review Costs Assessment']
['civil Procedure' 'defamation' 'costs'] ['interpretation of Court of Appeal Costs Orders' 'certificate of Determination of Costs Assessment' 'setting Aside Judgment' 'stay of Enforcement' 'extension of Time to Review Costs Assessment']

Case Brief

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Procedural Posture

Civil Procedure Motion in Defamation Proceedings Concerning Costs Assessment and Judgment / Notice of Motion to Set Aside Certificate of Determination of Costs Assessment and Judgment, or Permanently Stay Judgment, and for Extension of Time to Review Costs Assessment

Legal Issues

  1. 1 ["Whether the Court of Appeal's order in Trad v Harbour Radio Pty Ltd (No 2) reinstated or encompassed the trial judge's costs orders in favour of Harbour Radio." 'Whether judgment entered on 29 January 2015 for $290,017.56 was irregularly or illegally entered and should be set aside or permanently stayed.' 'Whether the Supreme Court had jurisdiction on the motion to set aside the Certificate of Determination of Costs Assessment issued on 18 June 2010.' 'Whether time should be extended for Mr Trad to seek review of the costs assessment certificate approximately five years after it issued.']

Ratio Decidendi

The Court of Appeal's dismissal of the appeal from the trial judge's orders was to be broadly construed as encompassing all relevant orders of the trial judge, including the costs orders. There was therefore no basis to conclude that the judgment entered for the assessed costs was irregular or should be set aside. The statutory costs assessment regime placed review of the determination with the Manager, Costs Assessment and other specified review or appeal pathways; absent an application for leave to appeal against the costs assessment, this Court's jurisdiction to set aside the certificate on the motion did not arise. In any event, the approximately five-year delay made an extension of...

Court Disposition

Notice of Motion dismissed.

Orders

  • ['The Notice of Motion is dismissed.' "Mr Trad to pay Harbour Radio's costs of this motion."]