Duchesne v Master Education Services Pty Ltd (No 2) [2009] NSWIRComm 20

Duchesne v Master Education Services Pty Ltd (No 2) [2009] NSWIRComm 20

It is not appropriate to determine the question of costs at this stage; the issues of costs in relation to both the applicants and the applicants' solicitors should be reserved until after the conclusion of the substantive hearing as the notice of motion remains part heard, there are unresolved evidentiary and procedural issues, and a conflict of interest may arise. The solicitors should be given adequate notice and opportunity to be heard.

Jurisdiction
Australia
Judgment Date
03 March 2009
Procedural Posture
Application Under Section 106 of the Industrial Relations Act 1996 / Costs Application After Interlocutory Notice of Motion, Prior to Substantive Hearing
Outcome
Costs reserved; applications regarding costs to be determined following conclusion of substantive hearing
Legal Topics
['costs' 'unfair Contract' 'personal Costs Order Against Solicitors' 'interlocutory Proceedings']
['industrial Law'] ['costs' 'unfair Contract' 'personal Costs Order Against Solicitors' 'interlocutory Proceedings']

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Procedural Posture

Application Under Section 106 of the Industrial Relations Act 1996 / Costs Application After Interlocutory Notice of Motion, Prior to Substantive Hearing

Legal Issues

  1. 1 ["Whether the applicants or their solicitors should pay the respondent's costs of the notice of motion on an indemnity basis at this stage" "Whether it is appropriate to make a personal costs order against the applicants' solicitors prior to the conclusion of the substantive matter"]

Ratio Decidendi

It is not appropriate to determine the question of costs at this stage; the issues of costs in relation to both the applicants and the applicants' solicitors should be reserved until after the conclusion of the substantive hearing as the notice of motion remains part heard, there are unresolved evidentiary and procedural issues, and a conflict of interest may arise. The solicitors should be given adequate notice and opportunity to be heard.

Court Disposition

Costs reserved; applications regarding costs to be determined following conclusion of substantive hearing

Orders

  • ['Determination of the costs order sought by the respondent against the applicants in relation to the notice of motion filed 31 July 2008 shall be reserved until the conclusion of the substantive hearing.' "Determination of the costs order sought against the applicants' solicitors in relation to the period from 21...