Australian Securities and Investments Commission v Rich [2009] NSWSC 1456

Australian Securities and Investments Commission v Rich [2009] NSWSC 1456

The Notice of Motion was not made returnable instanter because, although ASIC had some notice of the prospect of an interim costs application, it was reasonable for ASIC to say the application should not proceed that day; there may be a question of power requiring careful consideration and outline submissions; ASIC had a case for additional evidence; the defendants had not shown an urgent need for interim costs to be dealt with separately and urgently; the Court was seeking to have the final costs issue determined on 10-12 February; and the Court should not divert the parties from continuing mediation.

Jurisdiction
Australia
Judgment Date
18 December 2009
Procedural Posture
Costs Interim Costs / Ex Tempore Judgment on Defendants' Application to File a Notice of Motion for Interim Determination of Costs Returnable Instanter
Outcome
Application for Notice of Motion for interim costs to be made returnable instanter denied.
Legal Topics
['interim Costs' 'notice of Motion Returnable Instanter' 'section 98(4) Interim Payment on Account of Costs' 'mediation' 'expedited Final Costs Hearing']
['civil Procedure' 'costs'] ['interim Costs' 'notice of Motion Returnable Instanter' 'section 98(4) Interim Payment on Account of Costs' 'mediation' 'expedited Final Costs Hearing']

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Procedural Posture

Costs Interim Costs / Ex Tempore Judgment on Defendants' Application to File a Notice of Motion for Interim Determination of Costs Returnable Instanter

Legal Issues

  1. 1 ["Whether the Court should make the defendants' Notice of Motion for an interim determination of costs returnable instanter." 'Whether the interim costs application should be entertained urgently when the final determination of costs was being expedited and mediation was continuing.']

Ratio Decidendi

The Notice of Motion was not made returnable instanter because, although ASIC had some notice of the prospect of an interim costs application, it was reasonable for ASIC to say the application should not proceed that day; there may be a question of power requiring careful consideration and outline submissions; ASIC had a case for additional evidence; the defendants had not shown an urgent need for interim costs to be dealt with separately and urgently; the Court was seeking to have the final costs issue determined on 10-12 February; and the Court should not divert the parties from continuing mediation.

Court Disposition

Application for Notice of Motion for interim costs to be made returnable instanter denied.

Orders

  • ['The Notice of Motion was not made returnable instanter.']