Adler v Singer [2009] NSWSC 428

No costs order was made because the plaintiff wrongly relisted the matter to threaten the defendants without pursuing a proper contempt or other application, while the defendants materially contributed to the relisting by wrongly maintaining that the order had to be entered before they could comply.

Jurisdiction: Australia
Judgment Date: 02 April 2009
Procedural Posture: Procedural and Other Rulings; Costs / Ex Tempore Judgment on Costs After Relisting of Matter
Outcome: No order as to costs.
Legal Topics: ['non Compliance With Court Order' 'relisting Without Substantive Application' 'contempt Foreshadowed But Not Pursued' 'costs Discretion']

['civil Procedure' 'costs'] ['non Compliance With Court Order' 'relisting Without Substantive Application' 'contempt Foreshadowed But Not Pursued' 'costs Discretion']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Procedural and Other Rulings; Costs / Ex Tempore Judgment on Costs After Relisting of Matter

Legal Issues

1 ["Whether costs should be awarded to either party after the matter was relisted following the defendants' non-compliance with an interim order." "Whether the plaintiff's relisting of the matter was appropriate where no contempt or other substantive application was made." "Whether the defendants' conduct materially contributed to the unnecessary relisting."]

Ratio Decidendi

Court Disposition

No order as to costs.

Orders

['No order as to the costs of today, to the intent that each party bear their own costs.']