Donnelly and Anor v Capricornia Prospecting Pty Ltd and Ors [2001] NSWLEC 249

Donnelly and Anor v Capricornia Prospecting Pty Ltd and Ors [2001] NSWLEC 249

The purpose of the security was to avoid injustice to the first to third Respondents if the proceedings against them were unsuccessful; that purpose ceased when final judgment was delivered and the Applicants were wholly successful in obtaining the principal declaratory and injunctive relief. The matters relied on by the first to third Respondents did not justify retaining the security pending later costs adjudication.

Jurisdiction
Australia
Judgment Date
25 October 2001
Procedural Posture
Notice of Motion in Class 4 Proceedings / Ex Tempore Judgment on Applicants' Notice of Motion Seeking Refund of Remaining Security for Costs After Final Judgment
Outcome
Applicants' Notice of Motion granted; remaining security ordered to be paid to the Applicants; first to third Respondents ordered to pay the Applicants' costs of the Motion.
Legal Topics
['refund of Security for Costs' 'reserved Interlocutory Costs' 'costs Following the Event' 'effect of Holding Appeal on Security for Costs' 'unsatisfied Judgment Debt in Separate Proceedings']
['practice and Procedure' 'costs'] ['refund of Security for Costs' 'reserved Interlocutory Costs' 'costs Following the Event' 'effect of Holding Appeal on Security for Costs' 'unsatisfied Judgment Debt in Separate Proceedings']

Case Brief

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Procedural Posture

Notice of Motion in Class 4 Proceedings / Ex Tempore Judgment on Applicants' Notice of Motion Seeking Refund of Remaining Security for Costs After Final Judgment

Legal Issues

  1. 1 ["Whether the remaining $10,000 deposited with the Court as security for the first to third Respondents' costs should be refunded to the successful Applicants." 'Whether unresolved or reserved interlocutory costs, partial success on issues, a holding appeal, or an unsatisfied judgment debt in separate proceedings justified retaining the security.']

Ratio Decidendi

The purpose of the security was to avoid injustice to the first to third Respondents if the proceedings against them were unsuccessful; that purpose ceased when final judgment was delivered and the Applicants were wholly successful in obtaining the principal declaratory and injunctive relief. The matters relied on by the first to third Respondents did not justify retaining the security pending later costs adjudication.

Court Disposition

Applicants' Notice of Motion granted; remaining security ordered to be paid to the Applicants; first to third Respondents ordered to pay the Applicants' costs of the Motion.

Orders

  • ['The amount of $10,000, being the remaining security deposited with the Court, be paid to the Applicants.' 'The cheque is to be made out to the Timbarra Campaign Account.' "The first to third Respondents are to pay the Applicants' costs on the Motion in the sum agreed, or as assessed." "Leave is granted to the...