Livestock Transport Pty Ltd v Commonwealth of Australia (No 3) [2011] NSWSC 320

Livestock Transport Pty Ltd v Commonwealth of Australia (No 3) [2011] NSWSC 320

Because the defendant's application to transfer the proceedings was precipitated by circumstances unrelated to plaintiff's conduct, and was made in the broader interests of justice, costs should be payable forthwith as the application was discrete and proceedings may continue for some time.

Parties
Plaintiff, Respondent to the Motion: Livestock Transport (Sydney) Pty Ltd; Defendant, Applicant on the Motion: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
15 April 2011
Procedural Posture
Costs Application in Ongoing Proceedings / Post Interlocutory Application
Outcome
Plaintiff's application granted
Legal Topics
Costs, Interlocutory Applications
Civil Procedure Costs Interlocutory Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Livestock Transport (Sydney) Pty Ltd

Plaintiff, Respondent to the Motion

Commonwealth of Australia

Defendant, Applicant on the Motion

Procedural Posture

Costs Application in Ongoing Proceedings / Post Interlocutory Application

Legal Issues

  1. 1 Whether the plaintiff's costs of the defendant's transfer application should be payable forthwith

Ratio Decidendi

Because the defendant's application to transfer the proceedings was precipitated by circumstances unrelated to plaintiff's conduct, and was made in the broader interests of justice, costs should be payable forthwith as the application was discrete and proceedings may continue for some time.

Court Disposition

Plaintiff's application granted

Orders

  • The plaintiff's costs of the defendant's application to have the proceedings transferred to the Supreme Court of Queensland, as agreed or assessed, be payable forthwith upon the conclusion of such agreement or assessment.