Thomas v Willett [2011] NSWCA 217

Thomas v Willett [2011] NSWCA 217

Given leave to appeal granted and reasonable prospect of costs orders being varied, and to prevent unnecessary costs, the Court stayed the costs order made in Mrs Willett's favour until determination of the appeal.

Jurisdiction
Australia
Judgment Date
25 July 2011
Procedural Posture
Application for Stay in Ongoing Appeal / Interlocutory Motion Pending Appeal
Outcome
Costs order below stayed pending appeal; motion costs reserved for appeal.
Legal Topics
['stay of Costs Order' 'costs Assessment' 'interlocutory Applications']
['civil Procedure'] ['stay of Costs Order' 'costs Assessment' 'interlocutory Applications']

Case Brief

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Procedural Posture

Application for Stay in Ongoing Appeal / Interlocutory Motion Pending Appeal

Legal Issues

  1. 1 ['Whether the order for costs should be stayed pending determination of appeal']

Ratio Decidendi

Given leave to appeal granted and reasonable prospect of costs orders being varied, and to prevent unnecessary costs, the Court stayed the costs order made in Mrs Willett's favour until determination of the appeal.

Court Disposition

Costs order below stayed pending appeal; motion costs reserved for appeal.

Orders

  • ["The costs order made below in favour of Mrs Willett in relation to the rejection of Mr Sullivan's affidavit sworn 15 December 2009 be stayed until the determination of the appeal, so far as it relates to that costs order." 'The costs of the notice of motion of 13 July 2011 be costs in the determination of the...