Advanced Arbor Services Pty Limited v Phung [2010] NSWSC 158

Advanced Arbor Services Pty Limited v Phung [2010] NSWSC 158

The Defendant is to pay the Plaintiff's costs of the interlocutory application determined by Hall J because the Plaintiff was directly affected, appeared with success, and their involvement served just, quick, and cheap resolution; the Defendant is also to pay interest on Plaintiff's costs as permitted under s.101(4) Civil Procedure Act 2005 since the Plaintiff incurred out-of-pocket costs during litigation.

Jurisdiction
Australia
Judgment Date
09 March 2010
Procedural Posture
Costs Application / Post Judgment, Applications for Costs and Interest
Outcome
Plaintiff's applications for costs and interest granted
Legal Topics
['costs of Interlocutory Hearing' 'interest on Costs' 'consolidation of Proceedings']
['civil Procedure'] ['costs of Interlocutory Hearing' 'interest on Costs' 'consolidation of Proceedings']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application / Post Judgment, Applications for Costs and Interest

Legal Issues

  1. 1 ["Whether the Defendant should pay the Plaintiff's costs of the interlocutory application before Hall J on 6 and 11 March 2009" 'Whether interest on costs should be awarded under s.101(4) Civil Procedure Act 2005']

Ratio Decidendi

The Defendant is to pay the Plaintiff's costs of the interlocutory application determined by Hall J because the Plaintiff was directly affected, appeared with success, and their involvement served just, quick, and cheap resolution; the Defendant is also to pay interest on Plaintiff's costs as permitted under s.101(4) Civil Procedure Act 2005 since the Plaintiff incurred out-of-pocket costs during litigation.

Court Disposition

Plaintiff's applications for costs and interest granted

Orders

  • ["The Defendant is to pay the Plaintiff's costs of the interlocutory application heard and determined by Hall J on 6 and 11 March 2009." "Pursuant to s.101(4) Civil Procedure Act 2005, the Defendant is to pay interest on the Plaintiff's costs."]