Pascoe v Edsome Pty Limited & 3 Ors (No 2) [2007] NSWSC 544

Pascoe v Edsome Pty Limited & 3 Ors (No 2) [2007] NSWSC 544

Although the plaintiff succeeded in obtaining leave, the plaintiff had required the Court's indulgence and had not acted expeditiously. The proceedings were commenced on 17 August 2001, the leave motion was not filed until 23 December 2003, and the motion was not determined until 14 May 2007; the plaintiff's solicitors only acted with impetus after the defendants filed dismissal motions. In those circumstances, the defendants displaced the principle that costs follow the event, so the plaintiff was ordered to pay the defendants' costs on a party/party basis as agreed or assessed, while the issue whether the plaintiff's firm of solicitors should bear those costs was stood over.

Jurisdiction
Australia
Judgment Date
30 May 2007
Procedural Posture
Costs Decision / After Judgment Granting the Plaintiff Leave to Commence Proceedings Pursuant to S 151 D of the Workers Compensation Act 1987 (nsw) Against the First, Third and Fourth Defendants and Dismissing Notices of Motion Filed 29 March 2006; Costs Were Stood Over for Argument.
Outcome
The plaintiff was ordered to pay the costs of the specified motions on a party/party basis as agreed or assessed, and the issue whether the plaintiff's firm of solicitors should bear those costs was stood over to the hearing.
Legal Topics
['costs Discretion' 'costs Following the Event' 'extension of Time or Leave to Commence Proceedings' 'personal Costs Orders Against Legal Practitioners' 'serious Neglect, Serious Incompetence or Serious Misconduct']
['civil Procedure' 'costs' 'workers Compensation'] ['costs Discretion' 'costs Following the Event' 'extension of Time or Leave to Commence Proceedings' 'personal Costs Orders Against Legal Practitioners' 'serious Neglect, Serious Incompetence or Serious Misconduct']

Case Brief

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Procedural Posture

Costs Decision / After Judgment Granting the Plaintiff Leave to Commence Proceedings Pursuant to S 151 D of the Workers Compensation Act 1987 (nsw) Against the First, Third and Fourth Defendants and Dismissing Notices of Motion Filed 29 March 2006; Costs Were Stood Over for Argument.

Legal Issues

  1. 1 ["Whether the plaintiff, despite obtaining leave to commence proceedings, should receive costs or pay the defendants' costs of the motions." 'Whether the third and fourth defendants should receive indemnity costs.' "Whether the plaintiff's solicitors should bear the burden of any costs order."]

Ratio Decidendi

Although the plaintiff succeeded in obtaining leave, the plaintiff had required the Court's indulgence and had not acted expeditiously. The proceedings were commenced on 17 August 2001, the leave motion was not filed until 23 December 2003, and the motion was not determined until 14 May 2007; the plaintiff's solicitors only acted with impetus after the defendants filed dismissal motions. In those circumstances, the defendants displaced the principle that costs follow the event, so the plaintiff was ordered to pay the defendants' costs on a party/party basis as agreed or assessed, while the issue whether the plaintiff's firm of solicitors should bear those costs was stood over.

Court Disposition

The plaintiff was ordered to pay the costs of the specified motions on a party/party basis as agreed or assessed, and the issue whether the plaintiff's firm of solicitors should bear those costs was stood over to the hearing.

Orders

  • ['The plaintiff is to pay the costs of the motions dated 22 December 2003, 12 May 2006 and 29 March 2006 on a party/party basis as agreed or assessed.' "The issue of whether the plaintiff's firm of solicitors should bear these costs is stood over to the hearing."]