Toben v Mathieson (No 2) [2014] NSWSC 575

Toben v Mathieson (No 2) [2014] NSWSC 575

There was no warrant on the facts to depart from the ordinary position that costs are assessable after the conclusion of proceedings; the application for costs to be payable forthwith was refused.

Parties
Plaintiff: Dr Fredrick Toben; First Defendant: Clive Mathieson; Second Defendant: Christian Kerr; Third Defendant: Senator Christine Milne
Jurisdiction
Australia
Judgment Date
13 May 2014
Procedural Posture
Civil / Interlocutory Application for Costs to Be Payable Forthwith
Outcome
Application for order that costs be payable forthwith refused.
Legal Topics
Assessment of Costs, Interlocutory Proceedings, Defamation, Uniform Civil Procedure Rules Application
Costs Assessment of Costs Interlocutory Proceedings Defamation Uniform Civil Procedure Rules Application

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Parties

Dr Fredrick Toben

Plaintiff

Clive Mathieson

First Defendant

Christian Kerr

Second Defendant

Senator Christine Milne

Third Defendant

Procedural Posture

Civil / Interlocutory Application for Costs to Be Payable Forthwith

Legal Issues

  1. 1 Whether costs of an interlocutory application should be assessable and payable forthwith rather than at the conclusion of proceedings

Ratio Decidendi

There was no warrant on the facts to depart from the ordinary position that costs are assessable after the conclusion of proceedings; the application for costs to be payable forthwith was refused.

Court Disposition

Application for order that costs be payable forthwith refused.

Orders

  • Application for an order that costs be payable forthwith is refused.