Sanders v D & L Heavy Haulage Pty Ltd (No 2) [2015] NSWSC 1119

Sanders v D & L Heavy Haulage Pty Ltd (No 2) [2015] NSWSC 1119

Costs should not be reserved because the relevant material on costs was before the Court. Although the adjournment was granted to avail the plaintiff and the plaintiff's solicitors could, with hindsight, have moved more quickly, the vacation also served the interest of ensuring that all relevant evidence would be available. The appropriate balance was to order that the costs of the motion and costs thrown away by the vacation be the costs in the cause of the defendants.

Jurisdiction
Australia
Judgment Date
11 August 2015
Procedural Posture
Common Law Proceeding / Notice of Motion by the Plaintiff Filed on 7 August 2015 to Vacate the Hearing Date; Costs Determination
Outcome
Hearing date vacated by consent; costs of the motion and costs thrown away ordered to be the costs in the cause of the defendants.
Legal Topics
['vacation of Hearing Date' 'costs of Motion' 'costs Thrown Away' 'costs in the Cause' 'directions']
['civil Procedure' 'costs'] ['vacation of Hearing Date' 'costs of Motion' 'costs Thrown Away' 'costs in the Cause' 'directions']

Case Brief

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Procedural Posture

Common Law Proceeding / Notice of Motion by the Plaintiff Filed on 7 August 2015 to Vacate the Hearing Date; Costs Determination

Legal Issues

  1. 1 ['Whether costs arising from the consent vacation of the hearing date should be reserved or determined immediately.' "Whether the plaintiff should pay the defendants' costs of the motion and costs thrown away, or whether those costs should be costs in the cause of the defendants."]

Ratio Decidendi

Costs should not be reserved because the relevant material on costs was before the Court. Although the adjournment was granted to avail the plaintiff and the plaintiff's solicitors could, with hindsight, have moved more quickly, the vacation also served the interest of ensuring that all relevant evidence would be available. The appropriate balance was to order that the costs of the motion and costs thrown away by the vacation be the costs in the cause of the defendants.

Court Disposition

Hearing date vacated by consent; costs of the motion and costs thrown away ordered to be the costs in the cause of the defendants.

Orders

  • ['The hearing date of 31 August 2015 is vacated.' 'The matter is listed for directions before the Common Law Registrar at 9:00 am on 14 December 2015.' "Each party has liberty to restore the matter to the Common Law Registrar's list on seven days' notice to all other parties." 'Costs of the motion of 7 August 2015...