TRADERS PRUDENT INSURANCE CO LTD v GUMODIN PTY LTD [1988] NSWCA 159

Given the opponent's default and delays, and the claimant's success on the motion, it is just that the general costs of the motion be paid by the opponent, with the order for 8 February 1988 costs remaining undisturbed.

Parties: Respondent Claimant: Traders Prudent Insurance Co Ltd; Appellant Opponent: Gumodin Pty Ltd
Jurisdiction: Australia
Judgment Date: 15 February 1988
Procedural Posture: Costs Motion / Post Motion Determination
Outcome: Costs of motion awarded to claimant; special order as to 8 February 1988 proceedings undisturbed.
Legal Topics: Costs, Motions, Appeal Procedure

Civil Procedure Costs Motions Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Traders Prudent Insurance Co Ltd

Respondent Claimant

Gumodin Pty Ltd

Appellant Opponent

Procedural Posture

Costs Motion / Post Motion Determination

Legal Issues

1 What is the appropriate order for the costs of the claimant's motion commenced on 2 December 1987 and related proceedings?
2 Should the costs be reserved, made costs in the appeal, or otherwise ordered?

Ratio Decidendi

Court Disposition

Costs of motion awarded to claimant; special order as to 8 February 1988 proceedings undisturbed.

Orders

That the costs of and incidental to the motion of the claimant commenced on 2 December 1987 and all subsequent proceedings on the motion be paid by the opponent.
Order (1) is without derogation from the special order made on 8 February 1988 that the costs of and incidental to the proceedings before the Court on that day should be paid by the opponent on a solicitor and client basis.