Cassegrain & Anor v CTK Engineering Pty Ltd & Anor [2008] NSWSC 78

Cassegrain & Anor v CTK Engineering Pty Ltd & Anor [2008] NSWSC 78

It is preferable and usual procedure for the trial judge to deal with applications for stay of enforcement of costs orders arising from their judgment. No immediate enforcement is threatened, so the application should be directed to Justice White, the trial judge.

Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Application / Urgent Application for Stay of Enforcement of Costs Order
Outcome
Application referred to trial judge; no order made today; costs reserved.
Legal Topics
['stay of Enforcement' 'costs Order']
['procedure'] ['stay of Enforcement' 'costs Order']

Case Brief

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Procedural Posture

Application / Urgent Application for Stay of Enforcement of Costs Order

Legal Issues

  1. 1 ['Whether the trial judge should ordinarily deal with application for stay of enforcement of costs order']

Ratio Decidendi

It is preferable and usual procedure for the trial judge to deal with applications for stay of enforcement of costs orders arising from their judgment. No immediate enforcement is threatened, so the application should be directed to Justice White, the trial judge.

Court Disposition

Application referred to trial judge; no order made today; costs reserved.

Orders

  • ['Second Defendant to approach Justice White with any application for stay of enforcement.' 'Costs reserved.']