LESZEK RAJSKI v RJ BAINTON [1991] NSWCA 231

LESZEK RAJSKI v RJ BAINTON [1991] NSWCA 231

Taxation of costs should be stayed because immediate taxation could divert the claimant from the principal litigation, the urgency for taxation no longer existed due to the High Court's adjournment of the special leave application, and there was a real possibility that the costs order could ultimately be disturbed by the High Court.

Parties
Claimant: Leszek Rajski; Opponent: RJ Bainton QC
Jurisdiction
Australia
Judgment Date
12 November 1991
Procedural Posture
Application for Stay of Taxation of Costs / Determination of Interlocutory Application
Outcome
Taxation of costs stayed; motion stood over for report; costs of application reserved.
Legal Topics
Taxation of Costs, Stay of Proceedings, Appeals, Litigant in Person
Practice and Procedure Taxation of Costs Stay of Proceedings Appeals Litigant in Person

Case Brief

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Parties

Leszek Rajski

Claimant

RJ Bainton QC

Opponent

Procedural Posture

Application for Stay of Taxation of Costs / Determination of Interlocutory Application

Legal Issues

  1. 1 Whether the taxation of costs should be stayed pending the resolution of principal litigation
  2. 2 Whether urgency for taxation exists after the High Court's adjournment of the special leave application

Ratio Decidendi

Taxation of costs should be stayed because immediate taxation could divert the claimant from the principal litigation, the urgency for taxation no longer existed due to the High Court's adjournment of the special leave application, and there was a real possibility that the costs order could ultimately be disturbed by the High Court.

Court Disposition

Taxation of costs stayed; motion stood over for report; costs of application reserved.

Orders

  • Taxation of the costs of the opponent in the Court of Appeal, presently set down for 14 November 1991, is stayed until further order of this Court or of a Judge of Appeal.
  • Motion to be returned for mention and report on the stage reached in the principal proceedings on Monday 4 May 1992.