Wang v Farkas (No 4) [2014] NSWCA 234

Wang v Farkas (No 4) [2014] NSWCA 234

The respondent is entitled to recover disbursements, including solicitors' fees, incurred in seeking to enforce the District Court orders up to 9 September 2013 and the costs of cancellation at Land & Property Information of the registrations of the Writ, as a result of prejudice caused by delay by the applicants. The slip rule was not available for substantive variation, but the Court waived the requirement of formal motion notice, exercising discretion to grant the orders sought.

Jurisdiction
Australia
Judgment Date
22 July 2014
Procedural Posture
Application for Variation of Orders / Order Following Substantive Judgment
Outcome
Orders granted as sought by respondent.
Legal Topics
['variation of Orders' 'costs' 'slip Rule']
['civil Procedure'] ['variation of Orders' 'costs' 'slip Rule']

Case Brief

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Procedural Posture

Application for Variation of Orders / Order Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the respondent is entitled to recover disbursements incurred in enforcing the District Court orders after applicants commenced judicial review proceedings' 'Whether variation of orders can be made under the slip rule' 'Discretion in exercising power under slip rule']

Ratio Decidendi

The respondent is entitled to recover disbursements, including solicitors' fees, incurred in seeking to enforce the District Court orders up to 9 September 2013 and the costs of cancellation at Land & Property Information of the registrations of the Writ, as a result of prejudice caused by delay by the applicants. The slip rule was not available for substantive variation, but the Court waived the requirement of formal motion notice, exercising discretion to grant the orders sought.

Court Disposition

Orders granted as sought by respondent.

Orders

  • ["The applicants are to pay the disbursements, including solicitors' fees, incurred by the first respondent Mr Farkas in seeking to enforce the orders of the District Court up to 9 September 2013 as well as the costs of cancellation at Land & Property Information of the registrations of the Writ on the properties,...