WICKSTEAD and ORS v BROWNE [NO 2] [1993] NSWCA 289

WICKSTEAD and ORS v BROWNE [NO 2] [1993] NSWCA 289

The Court considers it appropriate, given the appellant's success in the High Court and the protracted nature of proceedings, to stay enforcement and taxation of cost orders, permit amendment to the notice of motion, provide for extension of time for pleading, and grant liberty to apply. These orders are made pending final determination in the Common Law Division or further court orders, reflecting procedural fairness and judicial economy.

Parties
Claimant: Martin Thomas Wickstead; Respondent: Douglas John Browne; Claimant Solicitor: TD Kelly and Co; Respondent Solicitor: Minter Ellison Morris Fletcher
Jurisdiction
Australia
Judgment Date
08 July 1993
Procedural Posture
Interlocutory Motion / Post Appeal Procedural Orders
Outcome
Interlocutory orders made pending further determination; procedural and cost orders granted.
Legal Topics
Costs, Amendment of Notice of Motion, Extension of Time, Stay of Enforcement, Liberty to Apply
Practice and Procedure Costs Amendment of Notice of Motion Extension of Time Stay of Enforcement Liberty to Apply

Case Brief

Summary, issues, holding and outcome

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Parties

Martin Thomas Wickstead

Claimant

Douglas John Browne

Respondent

TD Kelly and Co

Claimant Solicitor

Minter Ellison Morris Fletcher

Respondent Solicitor

Procedural Posture

Interlocutory Motion / Post Appeal Procedural Orders

Legal Issues

  1. 1 Whether to alter cost orders following a successful appeal to the High Court.
  2. 2 Whether to permit amendment of the notice of motion.
  3. 3 Whether to extend time for pleading.

Ratio Decidendi

The Court considers it appropriate, given the appellant's success in the High Court and the protracted nature of proceedings, to stay enforcement and taxation of cost orders, permit amendment to the notice of motion, provide for extension of time for pleading, and grant liberty to apply. These orders are made pending final determination in the Common Law Division or further court orders, reflecting procedural fairness and judicial economy.

Court Disposition

Interlocutory orders made pending further determination; procedural and cost orders granted.

Orders

  • Stay further taxation of respondent's costs and execution pending final determination.
  • Stay enforcement of all cost orders in favour of respondent pending final determination.