Brittain v Commonwealth of Australia [No.2] [2006] NSWSC 528

Brittain v Commonwealth of Australia [No.2] [2006] NSWSC 528

In the circumstances, the plaintiff did not allow himself to be out of time, and succeeded on his claim; the costs of the extension application for the limitation period should be borne by the defendant.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 June 2006
Procedural Posture
Costs Application / Post Judgment Determination of Reserved Costs
Outcome
The defendant is to pay the plaintiff's costs of the application for an extension of the limitation period which were reserved by Master Malpass on 27 July 2000.
Legal Topics
['costs' 'limitation Period Extension' 'practice and Procedure']
['civil Procedure'] ['costs' 'limitation Period Extension' 'practice and Procedure']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Costs Application / Post Judgment Determination of Reserved Costs

Legal Issues

  1. 1 ['Who should bear the costs of the application for an extension of the limitation period reserved by Master Malpass on 27 July 2000']

Ratio Decidendi

In the circumstances, the plaintiff did not allow himself to be out of time, and succeeded on his claim; the costs of the extension application for the limitation period should be borne by the defendant.

Court Disposition

The defendant is to pay the plaintiff's costs of the application for an extension of the limitation period which were reserved by Master Malpass on 27 July 2000.

Orders

  • ["The defendant is to pay the plaintiff's costs of the application for an extension of the limitation period which were reserved by Master Malpass on 27 July 2000."]